Judgment :-

V.S. Sirpurkar, J.

1. This is an application under Section 11 (5) of the Arbitration and Conciliation Act, 1996. The applicant M/s Citation Infowares Ltd. is a company registered under the Companies Act carrying on business in United States of America as also in Gurgaon, India through its establishment/subsidiary. The respondent Equinox Corporation is also a company registered within the appropriate laws of United States of America, having its office at 10, Corporate Park, Suit No.130, Irvine, CA-92606, USA. The Equinox Corporation has been carrying on business in India through outsourcing. It is also carrying on business in India through its own establishment in India, Equinox Global Services Private Limited (hereinafter called `EGSPL). The said EGSPL is a company registered under the Companies Act and has its office in Gurgaon. It is pleaded in the application that the respondent company Equinox Corporation (hereinafter called `EC) had entered into an outsourcing agreement singed in Kolkata, India with the applicant Citation Infowares Ltd (hereinafter called `CIL) on 09.02.2004 wherein the applicant was engaged as a service provider on terms and conditions contained in