J.D.KAPOOR
JAGSON AIRLINES LIMITED – Appellant
Versus
BANNARI AMMAN EXPORTS (P) LIMITED – Respondent
( 1 ) A very interesting question of law has cropped up in this petition. The question is whether the order passed by the Arbitrator as to the place of arbitration is challengeable by way of a petition under Section 20 of the Arbitration and Conciliation Act, 1996. The nature of question is such that decision will vary from the facts of each case.
( 2 ) AT the outset, Ms. Indu Malhotra learned counsel for respondent No. 1 has contended that the order of the arbitrator deciding the application of the petitioner as to the place of arbitration does not come within the ambit of an interim award and is therefore, not challengeable and the remedy available to the aggrieved party is by way of challenging the final award under Section 34 of the Arbitration and Conciliation Act, 1996 which includes the challenge as to the place/ venue of arbitration. In support of this contention, Ms. Malhotra has relied upon Sanshin Chemicals Industry vs. Oriental Carbons and Chemicals Ltd. (2001) 3 SCC 341 wherein the Supreme Court observed that though the decision on the question of venue is of utmost importance yet the contention that an aggrieved party has no right to assail the decision
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