JUDGMENT

S. A. BOBDE, J.

Leave granted.

2. The question that has arisen in this appeal is : whether a party to an arbitration proceeding may be permitted to raise objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short “the Arbitration Act, 1996”), with regard to the jurisdiction of the Arbitral Tribunal (for short “the Tribunal”) after the stage of submission of the written statement.

3. M/s M.S.P. Infrastructure (Appellant) and the M.P. Road Development Corporation (Respondent) entered into a contract on 04-04-2002 for the development and upgradation of the Raisen-Rahatgarh road (a stretch of about 100 Kms.) in the State of Madhya Pradesh.

4. Upon a dispute arising between the parties in respect of the work carried out by the Appellant, the Respondent Corporation terminated the said contract and encashed the bank-guarantee. Thereafter, the Appellant filed a Civil-Suit being C.S. No. 63 of 2003 before the Calcutta High Court challenging the termination of the Agreement as well as the encashment.

5. The Calcutta High Court disposed of the suit on 22-05-2003 by recording “Terms of Settlement” between the parties, whereby it was decreed that the dispute w