1. The petitioner (original Respondent) has invoked Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Act) and challenged an Award dated 17th August, 2008 passed by the Arbitrator appointed by the Internet Exchange of India, whereby the complaint filed by the respondent (original complainant) has been allowed and it is ordered that the disputed domain name “SENSEX.IN” be transferred to the respondent/company.

2. The basic averments of the complainant are as under:

“3.1 The complainant, a public limited company is the oldest stock exchange in Asia with a rich heritage and is popularly known as “BSE”. The complainant was originally established as “The Native Share &Stock Brokers’ Association” in 1875 and was an Association of Persons (AOP). In 1957, the name was changed to “The Stock Exchange, Mumbai”. In 2002, it was “Bombay Stock Exchange”. Effective from 19th August, 2005, the complainant has come to be known as “Bombay Stock Exchange Limited” by virtue of BSE (Corporatisation and Demutualization) Scheme, 2005 notified by the Securities and Exchange Board of India (SEBI).

3.2 The complainant is an affiliate member of FIBV, the International Federa