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2017 Supreme(Bom) 1583

G.S.KULKARNI
Trammo DMCC (formerly Known as Transammonia) DMCC) – Appellant
Versus
Nagarjuna Fertilizers And Chemicals Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: F.E.D’ Vitre, Naira Jeejeebhoy i/b. Phoenix Legal
For the Respondent: I.M. Chagla, Gaurav Joshi, i/b. Khaitan & Co.

JUDGMENT :

1. A short but interesting issue arises in this petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’), before the parties could be heard on the merits of the matter. The petitioner who holds a foreign arbitral award against the respondent, seeks interim reliefs pending enforcement and execution of a foreign arbitral award. On behalf of the respondent an objection has been raised as to the territorial jurisdiction of this Court to entertain this petition, referring to the amended provisions of the Act, incorporated by the Amendment Act No.3 of 2016, with effect from 23 October 2015 (for short ‘the 2015 amendment Act’). The focus of the arguments as advanced on behalf of the parties, thus are the provisions of the Act, as amended by the 2015 amendment Act. By virtue of the amended provisions, the definition of “Court” under Section 2(1)(e) of the Act stands amended interalia in relation to an international commercial arbitration. Further a ‘‘proviso’’ has been inserted to subsection (2) of Section 2, making the provisions of Sections 9, 27 and clause (a) of sub-section (1) and subsection (3) of section 37 of the Act applicable to























































































































































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