https://www.taxtmi.com/caselaws?id=300109 A statutory restriction on appeals under the Arbitration Act, 1940 did not by itself bar a Letters Patent appeal where the order otherwise amounted to a judgment and no express prohibition applied, so the preliminary objection failed. Where a petition under Section 33 raised a serious factual dispute about the existence or validity of the arbitration agreement, the court was required to exercise the proviso fairly and consider permitting oral and documentary evidence when justice so required. Because evidence had been refused despite the disputed factual matrix, the dismissal was set aside and the matter was remitted for fresh consideration after evidence. en-us Thu, 23 Apr 1992 00:00:00 +0530 Wed, 12 Jan 2022 12:55:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300109 A statutory restriction on appeals under the Arbitration Act, 1940 did not by itself bar a Letters Patent appeal where the order otherwise amounted to a judgment and no express prohibition applied, so the preliminary objection failed. Where a petition under Section 33 raised a serious factual dispute about the existence or validity of the arbitration agreement, the court was required to exercise the proviso fairly and consider permitting oral and documentary evidence when justice so required. Because evidence had been refused despite the disputed factual matrix, the dismissal was set aside and the matter was remitted for fresh consideration after evidence. Case-Laws Indian Laws Thu, 23 Apr 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300109