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MADRAS HIGH COURT
N. Kumar, J
Engineering Projects India Ltd. – Appellant
Versus
Balaji Projects – Respondent
| Table of Content |
|---|
| 1. introduction of the arbitration case and its background. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented by counsel during web hearings. (Para 5 , 6 , 7) |
| 3. examination of jurisdiction under the arbitration act. (Para 8 , 10 , 12) |
| 4. court's ruling on the effect of arbitration agreements. (Para 18 , 20 , 22 , 26) |
| 5. consequences of waiver related to jurisdiction. (Para 30 , 32 , 38) |
| 6. conclusion on lack of jurisdiction to entertain the case. (Para 52 , 53) |
1. Captioned ''Original Petition'' (hereinafter ''OP'' for the sake of brevity and convenience) is an application under S.34 of '' The Arbitration and Conciliation Act, 1996 (Act 26 of 1996)'', which shall hereinafter be referred to as ''A and C Act'' for the sake of brevity, convenience and clarity.
2. Captioned OP has been filed assailing an ''Arbitral Award dated 04.12.2019 and additional award dated 23.01.2020 bearing reference AC No.30/2018'' (hereinafter collectively and compendiously referred to as ''impugned award'' for the sake of brevity, convenience and clarity) made in the State of Karnataka by a ''Arbitral Tribunal'' (''AT'' for brevity) constituted by a Sole Arbitrator, who is a retired District Judge in th
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