Existence of – Proof of – So far as section 37(1)(a) is concerned, where a party is referred to arbitration u/s 8, no appeal lies -- Whether the preliminary ground for moving the court u/s 8 is not made out either by not annexing the original arbitration agreement, or a duly certified copy, or on merits, the court finding that prima facie no valid agreement exists, an appeal lies under section 37(1)(a).

(SC) Decided on: 11.02.2021