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Interim Order is not appealable under Section 37 of the Arbitration Act

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Comments on the post of DSA Legal and the Order dated 9.6.2026 of Gauhati High Court in Arb.A. 7 of 2026 of NHAI  Vs.  Rajib Boruah 

The Arbitrator passed the award for compensation of the land.   The respondent filed Arbitration Case under section 34 to quash the award and for enhancement of the compensation.   Pending the said case, the respondent filed application to release the deposited compensation amount.

As per this section an appeal shall lies from the following orders:-: Page No.# 8/10 (i) (ii) (iii) Refusing to refer parties to arbitration under Section 8. Granting or refusing interim measures under Section 9. Setting aside or refusing to set aside an arbitral award under Section 34. (iv) Certain orders by the arbitral tribunal (under Sections 16 and 17).

Indisputably, the impugned order is an interlocutory or procedural order in the pending Section 34 proceedings, not a final adjudication on setting aside the award or granting/refusing interim measures under Section 9.

This application was allowed and the NHAI was directed to release deposited compensation amount of Rs.73,27,009/-.

Section 37 appeal is filed.

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