SHYAM TELECOM LTD Vs. ICOMM LTD

JUDGEMENT

(1.) By this petition under Section 34 of the Arbitration and Conciliation Act, 1996 the petitioner challenges the order dated 1st December, 2009 passed by the sole arbitrator. By the impugned order, the amendment application which was filed by the petitioner was dismissed. It is contended that in spite of the fact that it is only an amendment application which has been dismissed by the impugned order, this order amounts to an interim or partial Award.

(2.) It is trite that objections under Section 34 would be filed only if there is an Award. No doubt the Award need not be a final Award but it can also be an interim or partial Award, but, all the same it has to be an Award. An interim or partial Award, in my opinion would take colour from Section 2(2) of the Code of Civil Procedure, 1908, in that the said order must decide finally, on merits, a particular part of the disputes between the parties. Section 2(2) of the CPC reads as under :-

(3.) In interpreting the meaning to be ascribed to an interim Award, it is necessary to keep in mind Section 5 of the Act and the same reads as under:-