TAPAS KUMAR BHUNEA Vs. JAGADISH PATRA

JUDGEMENT

(1.) The Court : In this application under section 34 of the Arbitration and Conciliation Act, 1996, as amended by Act 3 of 2016 (in short "the Act of 1996"), the petitioner has challenged a portion of the arbitral award dated March 8, 2018 passed by a learned sole arbitrator in so far as the same rejected some of his claims in the arbitral proceedings.

(2.) The arbitral disputes between the parties arose in relation to a partnership business, which is carried on in the district of East Midnapore, outside the jurisdiction of this Court. The partnership deed containing the arbitration agreement was also executed in the district of East Midnapore, outside the jurisdiction of this Court the respondent in this application is also resides in the district of Purba Midnapore, outside the jurisdiction. Being aggrieved by a portion of the arbitral award the present respondent has already filed an application under Section 34 of the Act of 1996 before the competent Court in the district of Midnapore.

(3.) The petitioner filed two execution applications, EC 148 of 2018 and EC 215 of 2018 for execution of the arbitral award, in so far as the same allowed some of his claims against the respondents. The first execution application was rejected by a learned single Judge of this Court on the ground that time for setting aside of the said award by the present respondent had not expired and the second execution application was rejected on the ground of lack of territorial jurisdiction of this Court to entertain the said application.