LAWS(BOM)-2003-11-45

FAZE THREE EXPORTS LTD Vs. PANKAJ TRADING CO

Decided On November 11, 2003
FAZE THREE EXPORTS LTD. Appellant
V/S
PANKAJ TRADING CO. Respondents

JUDGEMENT

(1.) ADMIT. Mr. S. P. Kanuga appears for respondent No. 1 and waives service. Respondent Nos. 2, 3 and 4 are Arbitrators and are formal parties. Notice to them is dispensed with. By consent, taken up for final hearing.

(2.) IN this petition under s. 34 of the Arbitration Act, the petitioner takes exception to the award dated 14th August, 2002 passed against the petitioners.

(3.) DISPUTES having arisen between the parties. They were referred to arbitration by an Arbitral Tribunal of three Arbitrators appointed by hlndusthan Chamber of Commerce. The first award passed on 24th january, 2002 was challenged before this Court by the petitioner by filing arbitration Petition No. 236 of 2002 on several grounds, including that there was no arbitration agreement between the parties. By an order dated 1st August, 2002, this Court allowed the petitioner's application and set aside the award and remitted the proceedings back to the Arbitral Tribunal for passing fresh orders after hearing the parties. All rights and contentions of the parties save and except for finding that there existed an arbitration agreement between the parties were kept open. The Court further directed the parties to appear before the Arbitrators on 12th August, 2002 at 3 p. m.