M.M.T.C. Vs. VICNIVASS AGENCY

JUDGEMENT

(1.) THE first respondent herein was appointed as Cargo Handling Agent by the petitioner viz., Minerals and Metals Trading Corporation Ltd., in the year 2000, for handling Wheat in the Port of Tuticorin. Disputes arose between the petitioner and the first respondent with regard to the payment of storage rent. Since the agreement between the petitioner and the first respondent contained an arbitration clause, the first respondent invoked the same and the second respondent herein was appointed as Arbitrator.

(2.) THE Arbitrator conducted an enquiry and passed an award on 16.3.2006, dismissing the claim made by the first respondent. Aggrieved by the said award, the first respondent filed a petition in O.P. No. 127 of 2006 under Section 34 of the Arbitration and Conciliation Act, 1996, on the file of the District Court, Tuticorin. When the same was pending, the first respondent filed an Interlocutory Application in I.A. No. 206 of 2007 under Section 34(4) of the Act, seeking to remit the award back to the Arbitrator so as to eliminate the grounds for setting aside the award.

(3.) HEARD Mr. M. Vallinayagam, learned Counsel for the petitioner and Mr. N. Dilipkumar, learned Counsel for the first respondent. The second respondent is the Arbitrator and hence is only a formal party.