OMAXE LTD. Vs. PVP ENTERTAINMENT LTD

JUDGEMENT

(1.) This appeal under section 37 of the Arbitration and Conciliation Act, 1996 ('Act') is directed against an interim order dated 12th Oct., 2015 passed by the learned Arbitrator in an application filed by the Respondents under Sec. 17 of the Act.

(2.) Although no plea was taken in the reply to the claim, in the course of the submissions today in Court a preliminary objection was raised by Mr. Chetan Sharma, learned Senior counsel for the Respondents that the present appeal was not maintainable.

(3.) Elaborating his submissions, Mr. Sharma drew the attention of the Court to the Collaboration Agreement (CA) dated 28th April, 2005 between the parties together with its Addendum. Clauses 42 and 43 of the CA which are relevant for the present purpose read as under:"42. Arbitration