KHANJI EXPORTS PRIVATE LIMITED Vs. SHIPTRADE INC

JUDGEMENT

(1.) In a petition filed under Sections 30, 31(3), 32 and 33 of the Arbitration Act, 1940, following relief have been prayed for: (a) declare that the award/orders dated 21-5-1999, 29-12-1999 and 3-2-2000 are not valid in law and that the same are not enforceable. (b) Direct the arbitral tribunal to hear both the claim and the counter claim together. (c) Restrain the tribunal from proceedings with the hearing on 28-2-2000 or any other date only of the Claim filed by the respondent till the disposal of the present application. (d) Pass ad interim orders in terms of prayer. (c) above. (e) Award costs of the application. (f) Pass such further orders as the court may deem fit and necessary in the facts and circumstances of the case.

(2.) The petition is accompanied by an application under Section 41(b) and Schedule II of the Arbitration Act, 1940, read with Section 151 of the Code of Civil Procedure. It contains the following prayers: (a) Restrain the tribunal from proceeding with the hearing on 28-2-2000 or any other date only of the Claim filed by the respondent till the disposal of the present application. (b) Pass exparte ad interim orders in terms of prayer (a) above. (c) Pass such further orders as the court may deem fit and necessary in the facts and circumstances of the case. The following orders were passed on the first hearing;

(3.) Thereafter the Plaintiff has filed a fresh interim application, I.A. 2395/2000, bringing to the notice of this Court that the Arbitrators had made the following statement in terms of the letter dated 25.2.2000,