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IN THE HIGH COURT AT CALCUTTA
SHEKHAR B.SARAF
R.P. Infosystems Private Limited – Appellant
Versus
Redington (India) Limited – Respondent
JUDGMENT :
SHEKHAR B. SARAF, J.
1. The award debtor has preferred the instant application under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) against an arbitral award dated May 22, 2018 passed by Sh. K. Balasubramanium, Sole Arbitrator. The award debtor in the instant application is Redington (India) Limited.
2. The award holder has challenged the maintainability of the instant application before this Court wherein it has been argued that this Court does not have the territorial jurisdiction to entertain the instant application as per the arbitration clause contained between the parties in the instant case. In reply, It has been argued by the award debtor that the arbitral clause between the parties in the instant case is an invalid one. The award holder has vehemently opposed the said challenge. Therefore, in this judgment, I have only dealt with the issue of maintainability of the instant Section 34 application.
Facts
3. I have outlined the facts of the instant lis below:
a. The award debtor is a company incorporated under the provisions of the Companies Act, 1956 and is involved in the production, sale, distribution of Desktop and Lapto
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