Report No. 76

Chapter 9

Appeal

9.1. Section 39.-

Section 39 allows an appeal against certain orders passed under the Act. The orders are enumerated in sub-section (1), in these terms:

"39(1) An appeal shall lie from the following orders passed under this Act (and from no others) to the Court authorised by law to hear appeals from original decrees of the court passing the order:-

An order

(i) superseding an arbitration;

(ii) on an award stated in the form of a special case;

(iii) modifying or correcting an award;

(iv) filing or refusing to file an arbitration agreement;

(v) staying or refusing to stay legal proceedings where there is an arbitration agreement;

(vi) setting aside or refusing to set aside an award:

Provided that the provisions of this section shall not apply to any order passed by a Small Cause Court."

Sub-section (2) provides that second appeal shall not lie from an order passed under this section, but nothing in this section shall affect or take away any right to appeal to the Supreme Court.