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1961 (9) TMI 41 - SC - Companies LawA dispute between the appellant and the respondent arising out of a contract for the supply of fuel was referred to arbitration. The arbitrators gave an award directing the appellant to pay a certain sum of money to the respondent and filed the award in the court of the Subordinate judge. The appellant made an application for setting aside the award but it was rejected. Against this order the appellant preferred an appeal to the High Court under s. 39(1) of the Indian Arbitration Act, 1940, and a Single judge allowed the appeal and set aside the award. Thereupon the respondent filed a Letters Patent appeal against the judgment of the Single judge - Held, that an appeal against the appellate order of the single Judge was barred by s. 39(2) of the Arbitration Act. The expression "second appeal" in s. 39(2) means a further appeal from an order passed in appeal under s. 39(1) and not an appeal under s. 100 of the Civil Procedure Code, and includes an appeal under the Letters Patent.
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