B.K. ENGINEERING ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue raised by the appellant in the present appeal is no more res-integra. The question regarding the jurisdiction of the concerned Court to hear objections under Sec. 34/ Sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act of 1996') has been well-settled by the judgment passed by the Supreme Court in Indus Mobile Distribution Private Limited Vs. Datawind Innovations Private Limited & Ors. reported in [(2017) 7 SCC 678]. The fact that the Supreme Court after considering that the arbitration clause and the aspect regarding Sec. 2(1)(e) as well as Sec. 20 of the Act of 1996 proceeded to hold as under:-

(2.) It would be relevant to quote Sec. 20 of the Act of 1996 as under:-

(3.) The said judgment passed in the case of Indus Mobile Distribution Private Limited (supra) has again been reiterated by the learned Single Judge of this Court while passing the order on similar lines in the case of TVS Motors Company Limited Vs. M/s. Bagaria Motors reported in [2023:RJ-JP:19616]. The relevant paras of said judgment are quoted as under:-