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2001 Supreme(SC) 307

G.B.PATTANAIK, K.G.BALAKRISHNAN, B.N.AGARWAL
Sanshin Chemicals Industry – Appellant
Versus
Oriental Carbons And Chemicals LTD. – Respondent


JUDGMENT

Pattanaik, J.-Leave granted.

2. This appeal by grant of special leave is directed against the judgment of Delhi High Court dated 8th of August, 2000. The question for consideration is whether a decision regarding the venue of the arbitration proceedings could be assailed in appeal under Section 34 of the Arbitration and Conciliation Act, 1996. The Division Bench of the High Court by the impugned judgment agreed with the conclusion of the learned Single Judge and came to hold on examining the arbitration clause in the agreement that the decision with regard to the venue of the arbitration sitting cannot be held to be an interim award and as such Section 34 of the Act cannot be invoked.

3. The appellant and respondent No. 1 entered into a technical collaboration agreement called "Insoluble Sulphur Technical Collaboration Agreement" on 1st of August, 1989. Under the agreement, respondent No. 1 was required to provide technical information for production of insoluble sulphur in India. Appellant discharged its obligation under the agreement. The said respondent No. 1 in May, 1996, wrote a letter to the Indian Council of Arbitration, making a claim against the appellant on the basi

































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