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R.D.DHANUKA
Nuziveedu Seeds Ltd. – Appellant
Versus
Mahyco Monsanto Biotech (india) Pvt. Ltd. – Respondent
The discussion in paragraph 309 is not primarily about a patent dispute. Instead, it focuses on whether the arbitral tribunal had the jurisdiction to decide on the monetary claims of the respondent arising from the agreement, in the context of ongoing proceedings before the Competition Commission of India (CCI). It emphasizes that the issues related to the validity and lawfulness of the agreement, which could involve patent rights, are separate from the claims for monetary relief under the arbitration agreement. The paragraph clarifies that the tribunal's jurisdiction to decide the monetary claims was not barred because the proceedings before the CCI, which involve questions of law and legality of the agreement, were still pending and had not resulted in a final declaration of the agreement being void or unlawful. Therefore, the paragraph is centered on jurisdictional and procedural considerations rather than directly addressing patent rights or disputes.
JUDGMENT
R D Dhanuka, J. - By Arbitration Petition No.737 of 2019 filed under section 34 of the Arbitration and Conciliation Act, 1996, the petitioner has impugned the majority arbitral award dated 16th January,2019 and order dated 11th May, 2017 passed by the Arbitral Tribunal under section 16 of the Act dismissing the said application.
2. By Arbitration Petition No.738 of 2019, the petitioner has impugned the arbitral award dated 16th January,2019 and the order dated 11th May, 2017 passed by the Arbitral Tribunal under section 16 of the Act dismissing the said application.
3. Commercial Arbitration Petition No.892 of 2019 is filed by the petitioner under section 34 of the Arbitration and Conciliation Act, 1996 inter alia praying for setting aside the impugned award dated 30th March,2019 rendered by the sole arbitrator and order dated 11th October,2017 passed by the learned arbitrator rejecting the application filed by the petitioner under section 16 of the Arbitration and Conciliation Act, 1996 (for short the said Arbitration Act). By consent of parties, the aforesaid petitions were heard together finally at the admission stage and are being disposed of by a common order.
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