Dr K S Sidhu v. The Registrar, Indina Council Of Arbitration

$-31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAQ 57/2015 & CMs 3374-3375/2015 % Date of decision : 25^ February .2015 DRKSSIDHU .....Appellant Through:

Mr. Mayank Goel, Adv.

versus THE REGISTRAR, INDINA COUNCIL OF ARBITRATION Respondent Through:

CORAM

HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORALI 1.

The appellanthas challengedthe orderdated28^ November, 2014 passedbythe learnedSingleJudgeof this Courtholdingthat the RegularSecondAppeal (RSA) is not maintainableagainstthe orderpassedby the learnedSingleJudge ofthis Court in Regular First Appeal. The appellanthas challengedthe said order before this Courtby termingitas aFirstAppealagainstOrder(FAO). 2.

Learned counsel for the appellant could not show any provisionof Code of CivilProcedureorDelhiHigh CourtRules as to how FAO ismaintainableagainstan orderpassedby the learned SingleJudge ofthis Court in RSA. That apart,the learnedSingle FAO 57/2015 By:AMULYA

Judgehas not dismissedthe RSA on merits. LearnedSingleJudge has held that the RSA is not maintainable in law. Learned counsel for the appellantcouldnot show any infirmityinthe findingofthe learnedSingleJudge with respectto the non-maintainabilityofthe RSA.

3.

This appeal is not maintainablein law and is therefore, herebydismissed. The pendingapplicationsare also dismissed. JR. MIDHA, J.

FEBRUARY 25,2015 dk FAO 57/2015