M/S Hs Oberoi And Company v. M/S I U P Jindal Metals & Alloys Ltd

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 505/2015 M/S HS OBEROI AND COMPANY ..... Appellant Represented by:

Mr.Pawan Kumar Mittal, Advocate.

versus M/S I U P JINDAL METALS & ALLOYS LTD ..... Respondent Represented by:

Mr.Raman Kapur, Sr.Advocate instructed by Mr.P.K.Mittal, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.02.2016 1.

Impugned order has disposed of I.A.No.3288/2010 under Section 8 of the Arbitration and Conciliation Act, 1996.

2.

The consistent view taken by this Court and the latest being the decision dated January 13, 2016 in FAO (OS) No.417/2015 M/s Today Hotels (New Delhi) Pvt. Ltd. vs. M/s Intecture India Designs Pvt.Ltd. is that no appeal would lie against an order allowing an application under Section 8 of the Arbitration and Conciliation Act, 1996 for the reason Section 37 of the said Act is exhaustive and an appeal would only lie against such order as are expressly made appealable. Only an order refusing to refer the parties to arbitration under Section 8 is appealable and an order referring the parties to an Arbitrator is not appealable. Impugned order has referred the parties to FAO(OS) 505/2015

arbitration.

3.

We are informed that the Arbitrator who was appointed has since pronounced the award, objections whereto have been filed by the appellant. 4.

Appeal is dismissed.

5.

No costs.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

FEBRUARY 02, 2016 'vn'

FAO(OS) 505/2015