Process Equipments India vs Gunsola Hydro Power Generation (P) Ltd.

Vipin Sanghi, CJ

The present appeal is directed against the order dated 06.11.2019 passed by the Additional District Judge (Commercial) Court, Dehradun in Arbitration Case No.166 of 2016 ‘M/s Gunsola Hydro Power vs. M/s Process Equipment India’. By the impugned order, the Additional District Judge (Commercial) Court, Dehradun has rejected the objection to the maintainability of the objection petition u/s 34 of the Arbitration and Conciliation Act-preferred by the respondent, and held that the Court had the jurisdiction to entertain the objection petition.

The present appeal is not maintainable in the light of the provision contained in Section 37 of the Arbitration and Conciliation Act, under which an appeal would lie only in respect to an order refusing to refer the parties to arbitration under Section 8; granting or refusing to grant any measure under Section 9 or; setting aside or refusing to set aside an arbitral award under Section 34 of the Act. The impugned order is not one such order.

We, therefore, dismiss the present appeal as not maintainable; however, it shall be open to the appellant, in the eventuality of the objections being allowed, to raise the issue of jurisdiction while preferring an appeal u/s 37 of the Arbitration and Conciliation Act.