JUDGMENT :

Ajay Bhanot, J.

Heard Sri S. Rashid and Sri Ravi Anand Agarwal, learned counsel for the applicant and Sri Navin Sinha, learned Senior Counsel assisted by Sri Kartikeya Saran and Sri Neeraj Singh, counsel for the opposite party.

2. The instant application has been preferred under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "Act of 1996") laying a challenge to the award passed by the learned Sole Arbitrator, Sri Daljit Singh on 19.04.2018 in the arbitration matter, PTC Techno Pvt. Ltd. Vs. Samsung India Electronics Pvt. Ltd.

3. Sri Navin Sinha, learned Senior Counsel assisted by Sri Kartikeya Saran and Sri Neeraj Singh, counsel for the opposite party has raised a preliminary objection contesting the maintainability of the application under Section 34 of the Act of 1996, before this Court.

4. The submission of the learned Senior Counsel is that the foot and the forum for challenge to an arbitral award have been provided in the Act of 1996. As per the scheme of the Act of 1996 the Allahabad High Court does not have the jurisdiction to entertain the instant application. Learned Senior Counsel relies upon the law laid down by the Hon'ble Supreme Court in the case of TDM Infrastructure Pvt. Ltd. Vs. UE Development Pvt. Ltd. reported at (2008) 14 SCC 271.

5. Learned Senior Counsel has called attention to various provisions of the Act of 1996 and amendments to the Act made over the years which shall be considered in the course of the judgment.

6. Sri S. Rashid and Ravi Anand Agarwal learned counsels for the applicant do not seriously dispute the aforesaid contentions. They however contend that the opposite party is a South Korean Company.

7. The Act of 1996 is a complete code to ensure a fair, efficient and expeditious disposal of matters relating to arbitration. The parties to the arbitration agreement are also the parties in the instant application under Section 34 of the Act of 1996. The opposite party in the application is described as follows:-

Samsung India Electronics Pvt. Ltd.

B-1, Sector 81, Phase II

Noida-201305

Gautam Budh Nagar

8. A certificate of incorporation of the opposite party taken out by the Registrar of Companies, N.C.T. of Delhi & Haryana, under Section 31 (i) of the Companies Act, 1956 is appended to the application. The aforesaid certificate records that Samsung India Electronics Ltd. is incorporated under the Companies Act, 1956 (No. 1 of 1958) as a Ltd. Company. A fresh certificate of incorporation was issued consequent to the change of name and conversion to a Pvt. Ltd. Company. A fresh certificate of incorporation issued by Registrar of Companies, N.C.T. of Delhi & Haryana on 17.08.2005 certifies that w.e.f. 27.08.2005 the name of the company was changed to Samsung India Electronics Pvt. Ltd.

9. These are certificates are admitted by parties. They are appended to the application filed by the applicant. The aforesaid certificates disclose that the opposite party Samsung India Electronics Pvt. Ltd. is a body corporate incorporated in India. On these limited but also admitted facts the question of law shall turn.

10. Section 34 provides for a challenge or recourse to a Court of law against an arbitral award and states thus:-

"34. Application for setting aside arbitral award.

1. Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section

(2) and subsection (3).

2. An arbitral award may be set aside by the Court only if-

a. the party making the application furnishes proof that-

i. a party was under some incapacity, or

ii. the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or

iii. the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

iv. the arbitral award deals with a di