Neutral Citation No. - 2025:AHC:103185-DB Chief Justice's Court Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 97 of 2025 Appellant :- M/s Sharma Engineering Works through Proprietor P. K. Ghosh Respondent :- Union of India through its General Manager, N.E.R. Gorakhpur Counsel for Appellant :- Jitendra Rana, Shardeshwar Mishra Counsel for Respondent :- A.S.G.I., Subodh Kumar Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This appeal under Section 37 of Arbitration and Conciliation Act, 1996 ('the Act') is directed against the order dated 14.08.2024 passed by the Commercial Court, Gorakhpur. 2. The order impugned, has been passed in the execution proceedings initiated by the appellant arising out of Arbitration Case No. 363 of 1993 decided on 01.02.1995. 3. The appeal under Section 37 of the Act can only be maintained in relation to the orders enumerated thereunder, i.e. orders passed under Sections 8, 9 and 34 besides Sections 16 and 17 of the Act. Against the order passed in execution proceedings, no appeal lies under Section 37 of the Act. 4. Even under Section 13(1A) of the Commercial Courts Act, 2015, the appeal against the order lies only as per the proviso to the said section against the orders passed, which are appealable under Section 37 of the Act or Order XLIII CPC. The order impugned does not fall even under any of the clauses of Order XLIII CPC. 5. In that view of the matter, the appeal is not maintainable. The same is, therefore, dismissed leaving it open for the appellant to take appropriate proceedings against the order dated 14.08.2024 in accordance with law. 6. Certified copy of the order impugned on appellant producing a self certified copy of the same, be returned back to the counsel for the appellant. Order Date :- 3.7.2025 RK/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad