CHI COMMODITIES HANDLERS INC. Vs. RANJITH LAL

JUDGEMENT

(1.) These original petitions are arising from the orders passed by the District Court, Kollam rejecting preliminary objection raised by the petitioners on the maintainability of Original Petitions (Arbitration) filed under S.34 of the Arbitration and Conciliation Act, 1996 (for short, the "Arbitration Act, 1996"). Since common questions of law are involved in all these original petitions, the same are being disposed of by this common judgment.

(2.) The petitioners in all these original petitions are one and the same, namely, a Canadian entity, which has raised a claim against the respondents invoking Arbitration clause in accordance with the Arbitration procedure of the Association of Food Industries (Inc.) (for short, "AFI"). The relevant clause of Arbitration is as follows:

(3.) The respondents, who are based at Kollam, filed the original petitions under S.34 of the Arbitration Act, 1996 to set aside the Award before the District Court, Kollam. The petitioner raised preliminary objection against maintainability of the original petitions. According to the petitioner, the Award in question is a Foreign Award and Part - I of the Arbitration Act, 1996 would not apply.