Allahabad High Court · 2025-05-23
APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. 146 of 2025 at Allahabad
- Citation / case number
- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. 146 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. 146 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:87521-DB Chief Justice's Court Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 146 of 2025 Appellant :- M/S Bijnor Leasing Limited Respondent :- Vipin Kumar Agrawal and 2 others Counsel for Appellant :- Kokil Agarwal, Prateek Kumar Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') has been filed against order dated 28.02.2025 passed by the Commercial Court, Moradabad, whereby the execution application filed by the appellant under Section 36 of the Act has been dismissed. 2. Appeal under Section 37 of the Act can be filed only against orders passed under Sections 8, 9, 34, 16 (2) (3) and 17 of the Act. The order impugned does not fall in any of the categories and, therefore, the appeal under Section 37 of the Act is not maintainable. 3. Counsel for the appellant seeks withdrawal of the appeal with liberty to take appropriate proceedings in accordance with law. 4. In view of the submissions made, the appeal is dismissed as not maintainable. Appellant would be free to take appropriate proceedings in