2012 (3) TMI 733 - HC - Indian Laws

Summary

The Kerala High Court, in the case cited as 2012 (3) TMI 733, addressed an appeal by the State of Kerala under Section 37 of the Arbitration & Conciliation Act, 1996. The appeal challenged an order refusing to grant leave to amend an application filed under Section 34 of the Act, which sought to set aside an arbitral award. The Court emphasized that Section 37(1) of the Act specifies the orders that are appealable, using the phrase "and from no others" to limit appeals strictly to those enumerated in clauses (a) and (b). The appeal was dismissed on jurisdictional grounds, as no appeal lies against an order refusing leave to amend applications under Section 34. The Court did not comment on the merits of the impugned order and left open the possibility for the appellant to pursue other legal remedies. Consequently, any interlocutory orders, including stays, were vacated, and the lower court records were ordered to be returned.