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2004 Supreme(SC) 1029

R. C. LAHOTI, G. P. MATHUR, P. K. BALASUBRAMANYAN
INTERNATIONAL INC. – Appellant
Versus
BURN STANDARD CO. LTD. – Respondent


ORDER

1. This IA is a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996.

2. The learned Senior Counsel for the respondent applicant (objector) submits that in view of the provisions contained in Section 34 read with Section 2(e) of the Arbitration and Conciliation Act, 1996, the petition under Section 34 deserves to be heard by the Calcutta High Court (Original Side). The learned Senior Counsel for the appellant (opponent) disputes the correctness of this proposition.

3. In the order dated 28-8-1998 passed by this Court appointing the d arbitrator, it was made clear that:

"9. The learned arbitrator shall file the award in this Court.

10. Any application which may become necessary to be filed during or after the conclusion of arbitration proceedings, shall be filed only in this Court."

4. In view of the abovesaid clauses, we are of the opinion that the objection petition under Section 34 could have been filed only in this Court.

5. Let the petition be set down for hearing on merits.

6. The learned counsel for the parties seek time for making the submissions.

7. Adjourned.

8. The learned counsel for the objector submits that the objector proposes to file a

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