HIGH COURT OF JUDICATURE AT ALLAHABAD APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 165 of 2026 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. Counsel for the respondent points out that against the same impugned judgment, ARPL No. 240 of 2026, filed by the appellant, is pending consideration before this Court, wherein the next date fixed is 12.10.2026 and again the present appeal has been filed. 2. Counsel for the appellant submits that the appellant intends to withdraw ARPL No. 240 of 2026 and therefore, the present appeal has been filed. 3. The methodology adopted by the appellant is unheard. The attempt to file another appeal against the same impugned order, by the appellant, merely because it 'intends' to withdraw the previous appeal without actually withdrawing it, cannot be countenanced. 4. The filing of a second appeal qua the same impugned order while the first appeal continues to remain pending, cannot be permitted. The same is, therefore, dismissed as not maintainable with liberty to the appellant to pursue the pending ARPL No. 240 of 2026. October 7, 2026 M.Pal/AKShukla Versus Counsel for Appellant(s) : Dev Devansh, Shalvin, Abhishek Chandra Mishra Counsel for Respondent(s) : Prakhar Tandon (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Ordnance Equipment Factory .....Appellant(s) M/s Malik Company .....Respondent(s) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad