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2013 Supreme(Kar) 709

ARAVIND KUMAR
A. P. Thomas – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant:M/s. A.G. Shivanna & Associates, Advocates.
For the Respondents: R1 & R2, Abhinay for N.S. Sanjay Gowda, R3, deleted.

Judgment :

1. These appeals have been preferred by the claimant under sub-section(2) of Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Act’ for the sake of brevity). Being aggrieved by the Judgment and decree passed by VI Additional City Civil Judge, Bangalore City in A.S.Nos.23/2004, 22/2004 and 24/2004 dated 21.11.2008 whereunder petition filed by the claimant to set aside the order/award dated 21.02.2004 passed by Sole Arbitrator ruling that Arbitral Tribunal has no jurisdiction to go into the matters and terminating the proceedings has been dismissed.

2. I have heard the arguments of Sri. A.G. Shivanna, learned counsel appearing for claimant and Sri. Abhinay, learned counsel appearing on behalf of Sri. N.S. Sanjay Gowda for Respondents 1 and 2.

3. Sri. Abhinay, learned counsel appearing on behalf of Sri. N.S. Sanjay Gowda for Respondents 1 and 2 has raised an initial objection with regard to maintainability of these appeals, contending interalia that sole Arbitrator had accepted the plea put forward by respondent regarding jurisdiction of the arbitral tribunal after examining the rival contentions and by award/order dated 21.02.2004 has ruled tha















































































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