EITZEN BULK A/S Vs. ASHAPURA MINECHEM LIMITED

JUDGEMENT

(1.) The petition is filed under section 48 of the Arbitration & Conciliation Act, 1996, to enforce a foreign arbitration award dated 26 th May, 2009.

(2.) By this Notice of Motion, the respondent has raised a preliminary objection as to the jurisdiction of this Court to entertain this petition. The objection is that the Respondent having filed Civil Miscellaneous Application No.101 of 2009 before the District Court of Jam Khambaliya, Gujarat under section 34 of the said Act for setting aside the said award prior to the filing of this petition, this Court has no jurisdiction to entertain this petition in view of section 42 of the said Act.

(3.) Section 42 of the Act is as follows :