M/S BIJNOR LEASING LIMITED v. VIPIN KUMAR AGRAWAL AND 2 OTHERS
ARPLD/146/2025 · 2025-05-22
Arun Bhansali, Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59913 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59913 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:87521-DB Chief Justice's Court Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 146 of 2025 Appellant :- M/S Bijnor Leasing Limited Respondent :- Vipin Kumar Agrawal and 2 others Counsel for Appellant :- Kokil Agarwal, Prateek Kumar Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') has been filed against order dated 28.02.2025 passed by the Commercial Court, Moradabad, whereby the execution application filed by the appellant under Section 36 of the Act has been dismissed.
2. Appeal under Section 37 of the Act can be filed only against orders passed under Sections 8, 9, 34, 16 (2) (3) and 17 of the Act. The order impugned does not fall in any of the categories and, therefore, the appeal under Section 37 of the Act is not maintainable.
3. Counsel for the appellant seeks withdrawal of the appeal with liberty to take appropriate proceedings in accordance with law.
4. In view of the submissions made, the appeal is dismissed as not maintainable. Appellant would be free to take appropriate proceedings in accordance with law.
5. Certified copy of the order impugned be returned back to counsel for the appellant. Order Date :- 23.5.2025 RK/SL (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad