LINDSAY INTERNATIONAL PRIVATE LIMITED Vs. IFGL REFRACTORIES LTD.

JUDGEMENT

(1.) This arbitration petition is for setting aside award. Mr. Mitra, learned senior advocate appears on behalf of respondent and elaborates on his preliminary point of objection to maintainability of it. He draws attention to annexure 'B' in the petition, which is copy of application made by petitioner under section 16 of Arbitration and Conciliation Act, 1996. He submits, order dated 24th August, 2019 was made on the application under sub-section (5) in section 16. He submits, nomenclature of the order is of little consequence. Even though it has been called partial award, it is an order under sub-section (5) in section 16. He relies on following in the order:

(2.) The aforesaid pronouncement will be a part of the main award to be passed in the Arbitral proceeding."

(3.) The application was made under sub-section (2) in section 16. The Tribunal decided under sub-section (5). Petitioner, contending to be aggrieved, may make an application for setting aside arbitral award that will be made upon continuation of arbitral proceedings. He relies on two judgments of Supreme Court and view expressed by a learned single Judge of High Court of Delhi. They are :-