DORSTENER MASCHINENFABRIC AG Vs. SAND PLAST INDIA LIMITED

JUDGEMENT

(1.) THE petitioner a German-company has filed the mainpetition registered as OMP under Sections 31, 32 and 33 of the Arbitration Act,1940, seeking a declaration of invalidity of the award dated 18/02/1994,a declaration that the said award shall not be enforcable unless and until it wasmade a rule of the Court in accordance with the provisions of the Arbitration Act,1940, and a restraint order against the respondent-Indian Company from execut-ing the award or giving effect to it before a Court in Germany. THE main petitionis accompanied by an application under Section 41 (b) of the Act seeking an ad-interim injunction in identical terms.

(2.) . The parties had entered into an agreement dated 6/02/1990 for thetransfer of the technical know-how and licencing arrangement for MDP 600Dorstener Presses. Disputes and differences having arisen between the parties,they were referred to Indo-German Chamber of Commerce for arbitration. Thetwo Arbitrators, who were nominees of the two parties made an award on 18/02/1994 whereby the claims of the respondent has been allowed and counterclaim of the petitioner who have rejected. On 1/03/1994 the petitioner wasserved with a notice from the Arbitrators informing of the making of the award.On April 11, 1994 the petitioner .was served with a copy of the award.