JHS SVENDGAARD LABORATORIES LTD. Vs. GILLETTEE INDIA LTD.

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard finally by consent of parties.

(2.) The Appellant under section 37 of the Arbitration and Conciliation Act, 1996 (for short the 'Act') has challenged the order passed by the learned Single Judge dated 14 December 2015 on an application filed by the Petitioners-Respondents under section 9 of the Act whereby reliefs in terms of prayer clauses (a) and (d) are granted. The operative part of the order is reproduced herewith below:

(3.) Learned counsel appearing for the Appellants has raised a basic submission that there is no arbitration clause and therefore there was no question of invoking section 9 Petition that resulted into passing of the impugned order and directions to return the goods/machineries in question. The learned counsel has relied upon the Supreme app.316.609.15 Court Judgment in the case of M.R. Engineers and Contractors Private Limited vs Somdatt Builders Limited , (2009) 7 Supreme Court Cases 696 and referred to paragraph 24 whereby section 7 of the Act has been elaborated.