( 1 ) THIS is a petition filed under Sections 14, 30 and 33 of the Indian Arbitration Act. 1940 (for short the Arbitration Act) for setting aside the interim award made at London on 9-8-1989 by the Arbitral Tribunal constituted in effect under the ICC Court of Arbitration of the International Chamber of Commerce, Paris, and under the ICC Rules of Concilliation and Arbitration. There are two respondents, the first respondent being the contesting respondent. The three members of the Arbitral Tribunal have also been added as party-respondent No. 2. Along with the petition the petitioner also filed an application seeking interim relief restraining the respondents from proceeding with the arbitration during the pendency of these proceedings.

( 2 ) ON notice being iisued the first respondent. The Singer Company, filed replies in opposition and raised a preliminary objection that the petition was not maintainable as the interim award of the Arbitral Tribunal was a foreign award within the meaning of the Foreign Awards (Recognition and Enforcement) Act, 1961 (for short the Foreign Awards Act) and as such outside the purview of the Arbitration Act. 0n 222-901 recorded as un