MINTECH GLOBAL PVT. LTD. Vs. KESORAM INDUSTRIES LIMITED

JUDGEMENT

(1.) The Court : This is an application for review of the order dated November 20, 2019 passed by this Court in AP No.623 of 2019. The applicant is the claimant in the arbitral proceeding held by the Arbitral Tribunal. There is no dispute with regard to the existence of the arbitration agreement between the parties contemplating that the sittings of the arbitration shall be held in Kolkata. As contemplated in the arbitration agreement the arbitral sittings are being held by the Arbitral Tribunal in Kolkata, within the jurisdiction of this Court.

(2.) The respondent in the arbitral proceeding filed an application, AP No.623 of 2019 before this Court under Section 29- A of the Arbitration and Conciliation Act, 1996 (in short, "the Act of 1996 ") praying for, extension of time to make and publish the award by the Arbitral Tribunal. A copy of the said application was served upon the claimant, the applicant herein.

(3.) On November 20, 2019 when the application, AP No.623 of 2019 was taken up for hearing, the present applicant agreed that the time to make the award by the Arbitral Tribunal was to be extended. But it raised an objection with regard to the jurisdiction of this Court to entertain the said application. However, in view of the fact that the parties had agreed that the arbitral sittings shall be held in Kolkata and the Arbitral Tribunal has been holding the sittings in Kolkata, on the strength of the decision of the Supreme Court in the case of Brahmani River Pellets Limited -versus- Kamachi Industries Limited reported in 2019 SCC OnLine SC 929 this Court repelled the said objection raised by the present applicant. Thus, by order dated November 20, 2019 this Court allowed the said application, A.P. No.623 of 2019 and extended the time to make and publish the award by the Arbitral Tribunal.