R.D.DHANUKA
Avitel Post Studioz Limited – Appellant
Versus
HSBC PI Holdings (Mauritius) Limited – Respondent
R.D. DHANUKA, J.
1. By these two petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, the petitioners have impugned the arbitral awards dated 27th September 2014 and 17th December 2012 respectively in Arbitration No. 088 of 2012 in Arbitration Petition No. 690 of 2015, and the partial final award on jurisdiction dated 15th March 2013, partial final award on liability and reliefs (excluding costs) dated 3rd November 2013 read with final award on costs dated 2nd September 2014 passed by the arbitral tribunal in Arbitration No. 089 of 2012 in Arbitration Petition No. 757 of 2015 allowing some of the claims made by the respondent.
2. The respondent has raised an issue of maintainability of these two petitions on the ground that the parties had agreed that save for Section 9, Part I of the Indian Arbitration and Conciliation Act, 1996, the provisions of Part I of the Arbitration Act shall not apply to the terms of the Share Subscription Agreement and on other grounds.
3. In view of the preliminary objection raised by the respondent on maintainability of these two petitions under Section 34 of the Arbitration and Conciliation Act, 1996, this Court has he
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