UNION OF INDIA Vs. VIDEOCON INDUSTRIES LTD.

JUDGEMENT

(1.) The present petition is filed by the petitioners against the respondent under Sec. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Indian Arbitration Act"). It is prayed in the petition that a direction be passed by this court to the effect that the arbitral proceedings, admitted by both parties to have already commenced, henceforth be held at the contractual venue, that is, Kuala Lumpur, as stipulated in the contract between the parties.

(2.) Factual matrix, set in the background of the present petition, is outlined thus:

(3.) The respondent company, in its preliminary reply to the present petition, has vehemently objected to the maintainability of the present petition on the ground of jurisdiction. Accordingly, this court vide order dated 20.09.2006 directed that the petition would be heard on the question of maintainability first in view of the preliminary objections raised by the respondents.