GL ASIA MAURITIUS Vs. PINFOLD OVERSEAS LIMITED

JUDGEMENT

(1.) Heard Shri M.S. Sonak, learned Counsel appearing for the petitioners and Shri R. Gupta, learned Senior Counsel appearing for the respondents.

(2.) The above petition challenges an order dated 21/08/2010 passed by the learned District Judge, South Goa at Margao in Arbitration Application No.31/2008 whereby the preliminary objection raised by the petitioners herein with regard to the jurisdiction of the learned Judge to entertain an application under Section 9 of the Arbitration and Conciliation Act, 1996 (herein after referred to as 'the said Act') came to be disposed of inter alia holding that the Court had jurisdiction to entertain such application.

(3.) The above matter was adjourned from time to time in view of the fact that the point for consideration in the present petition as to whether Part I of the said Act is applicable in cases of international commercial agreements was under consideration before the Apex Court. It was pointed out by the learned Counsel that the matter has been disposed of by the Apex Court in the judgment in the case of Bharat Aluminum Company V/s. Kaiser Aluminum Technical Services INC., 2012 9 SCC 552 Whilst disposing of the said point the Hon'ble Supreme Court has directed that the judgment would be operative only prospectively with regard to the agreement which have been executed only subsequent to the passing of the said judgment. Considering that the subject matter of the present case is in respect of an agreement which was executed prior to the said date, the above petition is taken up for hearing.