Meja Urja Nigam Pvt. Ltd v. Ratna Infrastructure Projects Pvt.Ltd

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB. A. (COMM.) 56/2018 MEJA URJA NIGAM PVT. LTD ..... Petitioner Through: Mr.Jayant Mehta, Mr.Aman Varma, Ms.Anshula Grover, Mr.Parth Singh Chaudhari, Mr.Rahul Khanna, Advs.

versus RATNA INFRASTRUCTURE PROJECTS PVT.LTD..... Respondent Through: Ms.Kiran Suri, Sr. Adv. with Mr.Abhay N.Das, Mr.Purvesh Buttan, Ms.Debolina Roy, Ms.Aishwarya Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 23.10.2018 IA 14563/2018 Exemption allowed subject to all just exceptions. Arb.A.(Comm.) 56/2018 Learned senior counsel for the respondent, who appears on an advance notice submits that the appeal is not maintainable as the Impugned Orders dated 23.08.2018 and 29.09.2018 passed by the Sole Arbitrator have not been passed under Section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') and therefore, are not appealable under Section 37(2)(b) of the Act.

I find substance in the objection raised by the learned senior counsel for the respondent. The Impugned Orders cannot be said to be falling under the provisions of Section 17 of the Act and therefore, the present appeal is not maintainable.

The appeal is dismissed with no order as to costs. NAVIN CHAWLA, J OCTOBER 23, 2018/RN