Judgment

TULZAPURKAR, J.:- These two appeals raise the following two questions for our determination :

1 . Whether under Sec. 3 of the Foreign Awards (Recognition and Enforcement) Act, 1961, having regard to its scope, a suit in the nature of a petition under sec. 33 of the Arbitration Act, 1940 could be stayed? If, so whether the Ist Respondents have made out a case for staying the Appellants suit No. 832 of 1982?

2. Whether the three claims referred by the Ist Respondents to the Court of Arbitration of the 2nd Respondents are beyond the scope of the, Arbitration Clause being Article XVII contained in the Contract dated August 24, 1964 or they are "arising out of or related to" the said Contract?,

2. The facts giving rise to the aforesaid two questions may be stated. The Appellants, Renusagar Power Company Limited (for short Renusagar) are a company incorporated under the Companies Act, 1956 having their Registered Office at Renukoot, District Mirzapur in Uttar Pradesh. The Ist Respondents, General Electric Company (for short G. E. C.) are a company incorporated under the laws of the State of New York and carry on their business inter alia at 570, Lexington Avenue, New York, U. S. A.