UTTAM CHAND GARG Vs. MOTILAL OSWAL SECURITIES LTD

JUDGEMENT

(1.) The Petitioneroriginal Respondent has challenged Award dated 16th March, 2009, passed by the sole arbitrator in the matter of arbitration under (Section 34 of the Arbitration & Conciliation Act, 1996 hereinafter referred to "Arbitration Act") the Byelaws, Rules and Regulations of the National Stock Exchange of Indian Limited (hereinafter referred to "NSEIL").

(2.) The operative part of the Award is as under:

(3.) The learned Arbitrator has passed above operative part of the Award and there by refrained from passing any order with regard to the transaction/counter claim in NSEIL Capital market by observing as under in paragraph Nos.(G),(H) and (J) (G) Although the sole arbitrator has no jurisdiction over trades in BSE or to ascertain the authenticity of the debit balance of BSE capital Rs.25,26,418.70 the respondent has submitted the minutes of investor grievance redressal committee of BSE dated September 9, 2008 in the matter of his complaint against the trading member.