rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPELLATE CIVIL JURISDICTION APPELLATE CIVIL JURISDICTION ARBITRATION APPEAL NO.20 OF 2008 ARBITRATION APPEAL NO.20 OF 2008 ARBITRATION APPEAL NO.20 OF 2008 Pratap Sharma .. Appellant Vs. STCI Commodities Ltd .. Respondent no.1 Union of India .. Respondent no.2 Mr.Durgesh Gupta i.b Law Competere Consultus for Appellant Mr.Y.K.Sharma for Respondent no.1 CORAM : DR.D.Y.CHANDRACHUD, J CORAM : DR.D.Y.CHANDRACHUD, J CORAM : DR.D.Y.CHANDRACHUD, J DATED : 9TH JANUARY, 2009 DATED : 9TH JANUARY, 2009 DATED : 9TH JANUARY, 2009 P.C. P.C. P.C. 1. An appeal under the Arbitration and Conciliation Act, 1996 has been filed in order to challenge an arbitral award dated 12th March, 2008 of the Arbitral Tribunal. In view of the provisions of section 34, an appeal would not be maintainable for the purposes of challenging the arbitral award since under the provisions of section 37 of the Act, an appeal lies against the original decree of the Court setting aside or refusing to set aside the arbitral award under section 34. The Arbitration Appeal is accordingly disposed of on the ground that it is not maintainable leaving it open to the appellant to take recourse to such remedies as are available in law. In the event the appellant does so, all questions including the question of limitation are kept open. { Dr.D.Y.Chandrachud, J } { Dr.D.Y.Chandrachud, J } { Dr.D.Y.Chandrachud, J } .P