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1987 DIGILAW 464 (DEL)

MARUTI UDYOG LIMITED v. COMPETENT MOTORS

1987-12-01

S.S.CHADHA, Y.K.SABHARWAL

body1987
S. S. Chadha ( 1 ) A petition under Section 20 of the Arbitration Act, 1940 was filed and registered as suit No. 304-A/87. It was accompanied by an application under Section 41 of the said Act. The application was allowed and injunction granted on February 4, 1987 was confirmed till the disposal of the petition under Section 20 by the orders under appeal dated May 26, 1987 passed by the learned Single Judge. ( 2 ) THE appeal was admitted on August 26, 1987 and notice in the application for grant of interim relief was issued. In the meanwhile, C. M. 3028/87 has been filed by one of the respondents. It is pleaded that the appeal is not maintainable against an order disposing of an application under Section 41 read with Schedule II of the said Act as it is not mentioned in Section 39. ( 3 ) THE case is covered by the decision of this Court in M/s. B. L. Radha Mohan v. Punjab State Cooperative Society S and M Federation Ltd. 1 The appeal is not maintainable in view of the provisions contained in Section 39 of the said Act as such an order is not made appealable under the statute. C. M. 3028/27 is allowed as prayed. FAO (OS) 90 of 87 is dismissed as not maintainable. C. M. 2637/87 and Caveat No. 89/87 are dismissed as infructuous. There will be no order as to costs. December 1, 1987.