KORES (INDIA) LTD. Vs. ARNAV INTERNATIONAL PVT. LTD

JUDGEMENT

(1.) The present is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996. We are fully aware of the fact that after the amendment of 2016, with effect from 2015, ordinarily this Court will not go into questions of forgery or fraud at this stage. However, as this is an ex facie case of forgery, we are constrained to observe that petitions like this have to be dismissed at the threshold.

(2.) It is alleged by the petitioner that an Agreement was entered into on 1st August, 2013 between the petitioner and the respondent which contained an arbitration clause which read as follows:

(3.) The learned counsel appearing on behalf of the respondent argued before us that on this date I.e. 1st August, 2013 his client was in Myanmar and therefore could not possibly have signed this Agreement. He also produced the passport of his client to this effect. Further he has shown to us the signature of his client contained in the passport is completely different from the signature on every page of the Agreement dated 1st August, 201