Arbitration appeal restrictions bar Letters Patent appeal against a Single Judge's order under the statutory scheme.

Section 39 of the Indian Arbitration Act, 1940 was treated as a complete code on appeals in arbitration matters, and the expression "second appeal" in Section 39(2) was construed to bar any further appeal from an order made in appeal under Section 39(1). That statutory restriction was held to override the Letters Patent right of intra-court appeal, because the Act deliberately limited appeals to specified orders and did not preserve other appellate remedies. Accordingly, an appeal under Clause 10 of the Letters Patent was not maintainable against the appellate order of a Single Judge under Section 39(1).

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Issues: Whether an appeal under Clause 10 of the Letters Patent lay against the judgment of a Single Judge passed in appeal under Section 39(1) of the Indian Arbitration Act, 1940, notwithstanding the bar in Section 39(2).

Analysis: Section 39 of the Arbitration Act was construed as a complete code governing appeals in arbitration matters. The expression "second appeal" in Section 39(2) was held to mean any further appeal from an order passed in appeal under Section 39(1), and not merely an appeal under Section 100 of the Code of Civil Procedure, 1908. The statutory scheme, which limited appeals to the specified orders and omitted any saving of other appellate remedies, was held to override the Letters Patent right of appeal. The earlier procedural law and the saving provisions in the Civil Procedure Code were treated as having been deliberately departed from in the Arbitration Act.

Conclusion: An appeal under Clause 10 of the Letters Patent was not maintainable against an appellate order passed by a Single Judge under Section 39(1) of the Indian Arbitration Act, 1940.

Ratio Decidendi: Where a special statute creates and limits the right of appeal in mandatory terms, the statutory restriction excludes any additional intra-court appellate remedy unless the statute expressly preserves it.

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