Process Equipments India vs Gunsola Hydro Power Generation ...
2022 Latest Caselaw 2227 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

             THE CHIEF JUSTICE SHRI VIPIN SANGHI

                                    AND

            JUSTICE SHRI RAMESH CHANDRA KHULBE

              APPEAL FROM ORDER NO.539 OF 2019

                             21ST JULY, 2022


Process Equipments India.                                  .......... Appellant

                                     Vs.

Gunsola Hydro Power Generation (P) Ltd.                  ...... Respondent


Presence: -
Shri S. K. Jain, learned senior counsel assisted by Mr. Siddharth Jain, learned
counsel for the appellant.
Shri V. K. Kohli, learned senior counsel assisted by Mr. Kanti Ram, learned
counsel for the respondent.

JUDGMENT: (Per Shri Vipin Sanghi, Chief Justice)

             The present appeal is directed against the order
dated 06.11.2019 passed by the Additional District Judge
(Commercial) Court, Dehradun in Arbitration Case No.166
of 2016 'M/s Gunsola Hydro Power vs. M/s Process
Equipment India'. By the impugned order, the Additional
District Judge (Commercial) Court, Dehradun has rejected
the objection to the maintainability of the objection petition
u/s 34 of the Arbitration and Conciliation Act-preferred by
the respondent, and held that the Court had the jurisdiction
to entertain the objection petition.

2.           The present appeal is not maintainable in the
light of the provision contained in Section 37 of the
Arbitration and Conciliation Act, under which an appeal
would lie only in respect to an order refusing to refer the
parties to arbitration under Section 8; granting or refusing
to grant any measure under Section 9 or; setting aside or
 refusing to set aside an arbitral award under Section 34 of
the Act. The impugned order is not one such order.


 3.        We, therefore, dismiss the present appeal as not
 maintainable; however, it shall be open to the appellant, in
 the eventuality of the objections being allowed, to raise the
 issue of jurisdiction while preferring an appeal u/s 37 of the
 Arbitration and Conciliation Act.



                            ___________________
                                     VIPIN SANGHI, C.J.



                                          ______________
                            RAMESH CHANDRA KHULBE, J.

Dated: 21st July, 2022 BS/RB