PARENTERAL DRUGS Vs. GATI KINTETSU EXPRESS PVT. LTD

JUDGEMENT

(1.) Heard on the question of admission. On the last date of hearing Shri Atre, learned counsel for the appellant was asked to address this court only on the question of jurisdiction of Indore District Judge to entertain the application u/s.34 of the Act of 1996 in respect of the award passed by the Arbitrator sitting at Hydrabad.

(2.) This arbitration appeal has been preferred under Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereafter referred to as "the Act of 1996") against the order dtd. 02/03/2022 passed by the learned Judge of the Commercial Court (District Judge Class), Indore (M.P.) under Sec. 34 of the Act of 1996 in MJCAV No.175/2019 wherein the award dtd. 17/05/2014, passed by the Sole Arbitrator Shri M. Chelapati Rao of Hyderabad was challenged.

(3.) The aforesaid challenge under Sec. 34 was opposed by the respondent on two counts; firstly that the Court at Indore had no jurisdiction to entertain the appeal under Sec. 37 of the Act of 1996, and secondly, there was a valid agreement between the parties and no error has been committed by the Arbitrator to pass the award.