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2016 Supreme(Del) 2580

BADAR DURREZ AHMED, SANJEEV SACHDEVA
UNION OF INDIA – Appellant
Versus
HARDY EXPLORATION & PRODUCTION (INDIA) INC. – Respondent


Advocates Appeared:
For the Appellant : Mr. Tushar Mehta, Mr. K.R. Sasiprabhu, Mr. Samiran Sharma, Mr. Rajat Nair, Mr. Manas Popli, Mr. Adit Khorana.
For the Respondent: Mr. Rajiv Nayar, Mr. Ameet Naik, Mr. Rishi Agrawala, Mr. Abhishek Kale, Mr. Harshvardhan Jha, Mr. Karan Luthra, Mr. Mohit Vohra.

JUDGMENT :

BADAR DURREZ AHMED, J.

1. The present appeal has been filed under Section 37(2) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the said Act’) against the order dated 09.07.2015 in OMP 693/2013 and the order dated 20.01.2016 in Review Petition No. 400/2015.

2. OMP No. 693/2013 was a petition filed by the appellant under Section 34 of the said Act challenging an award dated 02.02.2013. In the order dated 09.07.2015, a learned single Judge had noted the two principle objections which had been taken by the respondent. The first being that the petition under Section 34 of the said Act would not lie in view of the fact that the impugned award was a foreign award. The second objection taken on behalf of the respondent was that even if the petition under Section 34 of the said Act was maintainable, the same would not lie in this court as this court did not have the necessary territorial jurisdiction. When faced with these objections, the learned counsel for the Union of India sought to withdraw the petition to move the same before an appropriate forum in accordance with law. The learned single Judge dismissed the said OMP as withdrawn in these circumstanc




















































































































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