VITOL S.A. GENEVA Vs. BHATIA INTERNATIONAL LIMITED

JUDGEMENT

(1.) THIS civil revision has been filed by M/s Vitol S.A, Geneva, Switzerland ( hereinafter referred to as " Vitol " ) a Company incorporated under the laws of Switzarland having its registered office in Geneva against Bhatia International Ltd ( hereinafter referred to as " Bhatia " ) assailing the order passed by the District Judge, Indore in having issued summons to Vitol on an application filed by Bhatia under section 34 of the Arbitration and Conciliation Act, 1996 ( hereinafter referred to as " Act " ) against the award dated 17th of January, 2011 with a prayer that the said award which is a foreign award be set aside

(2.) DURING those proceedings, the District Judge, Indore passed an exparte order directing the registration of Bhatia's Arbitration Petition whereas Vitol filed an Execution Application before the Bombay High Court under Order 21 Rule 11(2) of C.P.C, to enforce and execute the Foreign Award against Bhatia. After receiving summons by the District Judge, Indore, Vitol entered appearance under protest and filed an application raising preliminary objections to the jurisdiction of the Court of the District Judge, Indore to entertain the objection petition under section 34 of the Act. In these objections, Vitol challenged the applicability of section 34 of the Act which is in Part 1 of the Act under section 151 of the CPC, to which Bhatiya filed a reply. They also filed an amendment application in the Indore District Court to place on record the further award on interest dated 02nd of June, 2011, passed in the meanwhile in London. Even to that application, objections were filed.

(3.) ACCORDING to Vitol, the objections filed by Bhatiya were not maintainable in Indian Court since section 34 of the Act falls in Part 1 of the Act in view of the judgment delivered by the Apex Court in the case of Bhatia International Ltd Vs. Bulk Trading S.A reported in (2002) 4 SCC 105