MAITRY EXPORTS PRIVATE LIMITED Vs. JAIN STUDIO LIMITED

JUDGEMENT

(1.) THE present Notice of Motion has been taken out by the defendant/respondent for dismissal of the Arbitration Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Act) against an Award dated 3.2.2009 by invoking the provisions of Section 42 of the Act and further that this Court has no jurisdiction to entertain and decide the Arbitration Petition in this Court at Mumbai.

(2.) BY Order dated 15th June, 2009, as the impugned Award dated 3.2.2009 was against the total rejection of the claims of the petitioner, Rule was made returnable within twelve weeks. The Petition is pending for final hearing.

(3.) THE learned Arbitrator had also decided and rejected an application filed under Section 16 of the Act by the respondent and proceeded with the Arbitration proceedings at Mumbai. The defendant/respondent had raised an issue with regard to the jurisdiction of the Arbitral proceedings at Mumbai apart from other grounds.