A. K. Srivastava, J.

( 1 ) THIS petition filed by Industrial Credit and Investment Corporation of India Limited against M/s. East Coast Boat Builders and Engineers Ltd. is under Section 34 (2) (iv) of the Arbitration and Conciliation Act, 1996 (hereinafter for short REFERRED TO to the Act ) for setting aside an order dated 11. 6. 1998.

( 2 ) BY the aforesaid order, the learned arbitral tribunal has ruled that the disputes raised in the claim petition are arbitrable. Feeling aggrieved with the order and treating the same as an interim award, the petitioner has challenged it under Section 34 of the Act. Notice in this petition was issued for 7. 8. 1998. On that date Mr. Shiv Dayal, Senior Advocate appeared for respondent No. 1 and raised a preliminary objection about maintainability of this petition. Accordingly, learned counsel, for parties were heard on the point of maintainability of this petition.

( 3 ) CHALLENGE to maintainability of the petition is on grounds, inter alia, that under the scheme of Arbitration and Conciliation Act, 1996, if the arbitral tribunal under Section 16 of the Act rejects the plea of a party that the arbitral tribunal does not have jurisdiction, the Cou

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