EITZEN BULK Vs. ASHAPURA MINECHEM LTD

JUDGEMENT

(1.) Eitzen Bulk S/A (hereinafter referred to as "the petitioner") preferred the writ petition for issuance of a writ of prohibition prohibiting and restraining the learned District Judge, Jamkhambhaliya from entertaining and adjudicating Civil Misc. Application No. 101 of 2009 filed by Ashapura Minechem Ltd. (hereafter referred to as "the respondent") under Section 34 of the Arbitration and Conciliation Act, 1996 for challenging the award dated 26.5.2009. By order dated 20.11.2009, the learned Single Judge, while issued Rule, having granted interim relief and stayed the further proceedings of the aforesaid Miscellaneous case, the respondent preferred the appeal under Clause 15 of the Letters Patent being Letters Patent Appeal No. 2496 of 2009.

(2.) As the issue involved as decided in the appeal, may render the writ petition infructuous, both the appeal and the writ petition were heard together on merits on the request of the parties.

(3.) The learning Counsel appearing on behalf of the petitioner would challenge the jurisdiction of the District Court at Jamkhambhaliya on two counts, viz.