R.K. INDUSTRIES Vs. MAXIMUS INTERNATIONAL GENERAL

JUDGEMENT

(1.) This application under Section 34 of the Arbitration and Conciliation Act , 1996 ('the Act') has been filed by the applicant against the interim final arbitration award on jurisdiction dated 23.3.2017 passed by the Panel of Arbitrators of the Refined Sugar Association.The office has reported that the application is barred by limitation by 80 days.An application under Section 34(3) of the Act has been filed seeking condonation of delay in filing the arbitration application. The respondent No.1 has appeared on caveat. Copies of the applications under Section 34 and under Section 34(3) of the Act were supplied to learned counsel appearing for the respondents. Though, no reply to the application under Section 34(3) of the Act seeking condonation of delay has been filed, learned counsel appearing for the caveator raised preliminary objection about the maintainability of the application under Section 34 itself, on which objection, parties were heard.

(2.) It is submitted by learned counsel for the respondent that the impugned award dated 23.3.2017 is a foreign award in terms of Section 44 of the Act and arises out of an International Commercial Arbitration, wherein, the impugned award has been delivered in London by the Panel of Arbitrators of the Refined Sugar Association in terms of the Arbitration agreement between the parties. It is submitted that as application under Section 34 is maintainable only, where the place of arbitration is in India and as admittedly the place of arbitration in the present case is London and the parties have agreed to be governed by / in accordance with English Laws, the application under Section 34 is ex-facie not maintainable and deserves to be dismissed.

(3.) It was also submitted that the final award in the matter has already been passed by the Panel of Arbitrators and, therefore, as the impugned interim award has merged in the final award, the application even otherwise, is not maintainable and, therefore, on that count also, the application deserves dismissal.