ENTERTAINMENT NETWORKS INDIA LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Respondent No.3 though served, not represented.

(2.) THIS is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 taken out by the petitioners. Relief sought is that the respondents should be restrained from invoking the bank guarantee. It is not necessary for me to go into the factual aspects as apart from two contentions raised which will have to be answered other contentions are same or similar which were before this Court in other related matters and answered by an order passed in Arbitration Petition No.78 of 2002 between Entertainment Networks (India) Ltd. vs. Union of India which was disposed of on 26th November, 2002. The issue before this Court was whether the respondents were entitled to invoke the bank guarantee in a case where license had not been issued in their favour. That issue was considered in para.5 of the order. This Court has taken a view that in the absence of license being issued there was no question of the respondents invoking the bank guarantee. In so far as those contentions are concerned, for the reasons given in the order dated 26th November, 2002 in Arbitration Petition No.75 of 2002 the said contentions are disposed of in the terms of the reasons already given.

(3.) THAT leaves us only with the other contention raised as to the jurisdiction of this Court to hear and decide the present petition under Section 9 of the Act of 1996 on the ground that this is not the Court within the meaning of section 2(e) of the Act of 1996. That contention is based on clause 4 of the tender document. It reads as under:-