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As per case facts, the appellant challenged a Commercial Court order that stayed an arbitration award, conditional on depositing the awarded amount and interest. The appellant found this condition prejudicial
...and sought to provide alternative security. This condition stemmed from a Section 36(2) application following an arbitral award, which the appellant also challenged under Section 34 of the Arbitration Act. The question arose whether an appeal is maintainable under Section 13 of the Commercial Courts Act, 2015, against an order disposing of a petition under Section 36(2) of the Arbitration and Conciliation Act, 1996, considering Section 37 of the Arbitration Act. Finally, the court ruled that the right to appeal is limited by Section 37 of the Arbitration Act, 1996, which does not allow appeals against orders from Section 36(2) petitions. Consequently, the present appeal was dismissed as non-maintainable.
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