LINDSAY INTERNATIONAL PRIVATE LIMITED Vs. IFGL REFRACTORIES LIMITED

JUDGEMENT

(1.) The petitioner, Lindsay International, seeks setting aside of an order dtd. 24/8/2019 by which the petitioner 's applications under sec. 16 of The Arbitration and Conciliation Act, 1996, were dismissed. Lindsay names the order as an 'Award '/ 'Interim Award ' and has hence filed the present applications under sec. 34 of the Act for setting it aside.

(2.) Sec. 16 empowers the arbitral tribunal to rule on its own jurisdiction including on an objection with regard to the existence or validity of the arbitration agreement.

(3.) The respondent IFGL Refractories takes a preliminary point of maintainability that the impugned order is not an award and is hence not amenable to the recourse provided under sec. 34 of the 1996 Act.