SUSHMA ARYA Vs. PALMVIEW OVERSEAS LTD.

JUDGEMENT

(1.) By these petitions under Sec. 34 of the Arbitration and Conciliation Act, 1996 ( '1996 Act ' for short), the Petitioners are challenging the order dtd. 16/6/2022 (which according to the Petitioners is an interim award) passed by the Arbitral Tribunal in the matter of arbitration between the first Respondent Palm View Investment Overseas Limited ('PVIL'), (the claimant before the Arbitral Tribunal) and Arya Iron and Steel Company Pvt. Ltd. ( 'AISCO') and the Petitioners and others.

(2.) For the sake of convenience, the order dtd. 16/6/2022 is referred to as an order. This is subject to determination as to whether it is an interim award, amenable to a challenge under Sec. 34 of the 1996 Act. By the impugned order, the Tribunal has granted an opportunity to the claimant to prove the resolution dtd. 16/7/2018 as a valid resolution under British Vergin Island Laws (BVI Laws) or by filing a fresh resolution, as according to the Arbitral Tribunal the irregularity is one, which is curable/rectifiable. It may be mentioned that first Respondent/claimant has chosen to abide by later option, namely of filing a fresh resolution.

(3.) The brief facts necessary for the disposal of the petitions may be stated thus.