1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Letters Patent Appeal No.190 Of 2009 In Appeal from Order No.108 Of 2005 M/s. S.D. Shinde, Contractor, Shree Parvati, Behind Zopadi Canteen, Savedi Road, Ahmednagar, Through its Partner Annasaheb Sripati Shinde. ... Appellant. Versus The Government of Maharashtra, Irrigation Department And Others. ... Respondents. -------- Shri. R.N. Dhorde, Advocate, holding for Shri. P.R. Katneshwarkar, for appellant. Shri. G.B. Rajale, Advocate for respondent No.1. Shri. S.M. Goday, Advocate for respondent Nos.2 to 5. -------- 2 CORAM: NARESH H PATIL & SHRIHARI P DAWARE, JJ. DATE: 23rd NOVEMBER 2010 PER COURT : 1) We have heard learned counsel Shri. R.N. Dhorde for the appellants and learned counsel Shri. Rajale appearing for the respondents. 2) The learned counsel Shri. Rajale appearing for the respondents has raised a preliminary objection to the maintainability of the Letters Patent Appeal in the light of the judgment delivered by the Apex Court in the case of the Union of India v The Mohindra Supply Co., AIR 1962 SC 256 and the judgment delivered by the Full Bench of the Bombay High Court in the case of Fountain Head Developers v. Maria Archangela Seqeira, 2007 (3) Mh.L.J. 744. 3 3) In the judgment delivered by the Full Bench of the Bombay High Court (cited supra), in para 17 it is observed that the provisions contained in Section 39(2) of the Arbitration Act of 1940 are pari materia with section 37(3) of the Arbitration and Conciliation Act, 1996. 4) In the light of the judgment and of the Apex Court (supra) and in view of the provisions of the enactments of 1940 and 1996, it was held by the Full Bench that no letters patent appeal would lie from an order passed under section 39 of the Act of 1940. 5) The present Letters Patent Appeal is dismissed as not maintainable. Sd/- Sd/- (SHRIHARI P DAWARE, J.)(NARESH H PATIL, J.) rsl/ lpa.109.09