BHATIYA INTERNATIONAL Vs. BULK TRADING S A

JUDGEMENT

(1.) As indicated by the writ Petition Memo, the petitioner is taking exception to the order which has been passed by 3rd Addl. District Judge, Indore, on 1-2-2000 in view of provision of Article 227 of the Constitution of India. The said order decides an application moved by the petitioner before the said court for challenging the maintainability of the application moved by respondent No. 1 for seeking interim relief in view of provisions of Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the New Arbitration Act' for convenience).

(2.) As the submissions indicated, there was an agreement between petitioner and respondent No. 1 in respect of a commercial transaction. There arose a dispute between the said parties and an application was moved before the International Court of Arbitration by respondent No. 1 on 23-10-97 and in view of that an arbitration proceeding is pending before the Arbitrator. The petitioner is carrying business at Indore. An application was moved for getting an interim relief by respondent No. 1 in District Court of Indore. Presently that matter is being heard by the 3rd Addl. Distt. Judge, Indore bearing Misc.Arbitration Case No. 39/ 99. An objection was raised by the petitioner in view of provisions of Order 7 Rule 11 of C.P.C. and provisions of Section 2 of the New Arbitration Act. A Revision Petition was filed by Respondent No.2 challenging the present order. The said Revision petition has been dismissed.

(3.) The controversy is mainly revolving around the provisions of Section 2 of the New Arbitration Act prominently around sub-section (2) of it as well as sub-section (5) of it. Shri A.M.Mathur and Shri B.L.Pavecha placed the interpretation of these two provisions in the way which they found better and proper for pushing the case of their respective clients. In that context not only-the judgments of Calcutta High Court (S.B.), but three judgments of Delhi High Court (S.B.) were referred to, so also the provisions of English Arbitration Act, UNCITRAL Geneva Convention and Article 370 of Indian Constitution were referred to. The submissions were advanced for the purpose of unfolding the structure of enacted provisions of the New Arbitration Act and that takes this court to the various aspects of the submissions advanced by the counsel appearing for contesting rival parties.