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2022 Supreme(MP) 85

SUBODH ABHYANKAR
Parenteral Drugs (India) Limited – Appellant
Versus
Gati Kintetsu Express Pvt. Ltd. – Respondent


Advocates:
Vijyesh Atre for appellant.

ORDER

1. Heard on the question of admission. On the last date of hearing Shri Atre, learned counsel for the appellant was asked to address this Court only on the question of jurisdiction of Indore District Judge to entertain the application u/s.34 of the Act of 1996 in respect of the award passed by the Arbitrator sitting at Hydrabad.

2. This arbitration appeal has been preferred under section 37 of the Arbitration and Conciliation Act, 1996 (hereafter referred to as “the Act of 1996”) against the order dated 2.3.2022 passed by the learned Judge of the Commercial Court (District Judge Class), Indore (M.P.) under section 34 of the Act of 1996 in MJCAV No.175/2019 wherein the award dated 17.5.2014, passed by the Sole Arbitrator Shri M. Chelapati Rao of Hyderabad was challenged.

3. The aforesaid challenge under section 34 was opposed by the respondent on two counts; firstly that the Court at Indore had no jurisdiction to entertain the appeal under section 37 of the Act of 1996, and secondly, there was a valid agreement between the parties and no error has been committed by the Arbitrator to pass the award.

4. Shri Vijyesh Atre, learned counsel for the appellant has submitted that ther

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