CHIEF ENGINEER OF B.P.D.P./R.E.O., RANCH vs M/S. SCOOT WILSON KIRPATRICK INDIA PVT.

The Supreme Court held that an appeal under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996 is maintainable when challenging an order setting aside or refusing to set aside an arbitral award. The Court distinguished the current case from Union of India v. Popular Construction Co. and State of Goa v. Western Builders, emphasizing that a void arbitral award can be set aside irrespective of the provisions of Section 30. The appeal was allowed, affirming the maintainability of the appeal under the 1996 Act.