(Mohit S. Shah, CJ.)

1. This appeal is directed against the order dated 16 October 2006, of a learned single Judge of this Court dismissing the appellant's arbitration petition under section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the Indian Arbitration Act"). By the said petition, the appellant challenged the Final Award dated 10 April 2006. The Award was rendered by the Arbitral Tribunal and the seat of arbitration was London. The learned single Judge has dismissed the petition on the ground that the petition under section 34 of the Indian Arbitration Act was not maintainable as the impugned Award is a foreign Award and, therefore, Part-I of the Indian Arbitration Act would not apply.

2. In view of the above finding of the learned single Judge and the fact that the section 34 petition was dismissed only on the ground of maintainability, we have heard the learned counsel for the parties only on the question of maintainability of the petition under section 34 of the Indian Arbitration Act and not on merits of the dispute between the parties.

3. The background facts broadly stated are that a dispute arose out of a failed attempt by the part