Limited appellate scope in arbitration enforcement excludes appeals against interlocutory Section 36 orders releasing award funds.

An appeal under Section 13 of the Commercial Courts Act, 2015 was held not maintainable against an interlocutory order passed in Section 36 enforcement proceedings under the Arbitration and Conciliation Act, 1996 directing release of part of the deposited award amount. The Delhi HC reasoned that Section 13 permits appeals only from orders falling within Order XLIII CPC or from orders expressly appealable under Section 37 of the Arbitration and Conciliation Act. Because Section 37 is exhaustive and Section 36 proceedings are merely executory steps for enforcement of the award, no separate appellate right arises. The Commercial Courts Act does not enlarge the limited appellate scheme governing arbitral matters.

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Issues: Whether an appeal under Section 13 of the Commercial Courts Act, 2015 lay against an interlocutory order passed in proceedings under Section 36 of the Arbitration and Conciliation Act, 1996 directing release of part of the deposited award amount.

Analysis: Section 13 of the Commercial Courts Act permits appeals only from orders specifically falling within Order XLIII of the Code of Civil Procedure, 1908, or those appealable under Section 37 of the Arbitration and Conciliation Act, 1996. Section 37 is exhaustive and limits appeals to the categories expressly enumerated therein. An order passed in enforcement proceedings under Section 36 is only an executory step for enforcement of the award and does not create a separate right of appeal. The Commercial Courts Act does not enlarge the appellate scope beyond what is provided in the Arbitration and Conciliation Act, which operates as a special self-contained code for arbitral matters.

Conclusion: The appeal was not maintainable under Section 13 of the Commercial Courts Act, 2015.

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