M/S Today Hotels (New Delhi) Pvt. … vs M/S Intecture India Designs Pvt. … on 13 January, 2016

SANJEEV SACHDEVA, J

1. The appellant/defendant has filed the present appeal impugning
the order dated 21.07.2015 whereby IA No. 14371/2015 filed by the
appellant under Section 8 of the Arbitration & Conciliation Act, 1996
(hereinafter referred to as the Act) has been dismissed.
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FAO(OS) 417/2015 Page 1 of 12
2. The learned counsel for the respondent has raised a preliminary
objection as to maintainability of the appeal. It is contended that
appeal is a creature of statute and since the order has been passed on
an application filed under Section 8 of the Act and an appeal would lie
only if the order is appealable under the Act. Reference is made to
Section 37 of the Act to contend that it lays down that an appeal shall
lie, only from the orders referred to in the said section and from no
other and section 8 not being one of the provisions referred to in the
said sections, no appeal would lie. It is further contended that even an
appeal under the Letters Patent would not lie.

Source: Indian Kanoon

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