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2004 Supreme(Del) 518

VIKRAMAJIT SEN
ENGINEERING PROJECT (INDIA) LTD – Appellant
Versus
INDIANA ENGINEERING WORKS PVT. LTD – Respondent


Advocates Appeared:
AJAY KUMAR, C.M.CHOPRA

Vikramajit Sen, J.

( 1 ) THE petitioner herein, namely M/s. Engineering Projects (India) Ltd. has filed this application under Section 36 of the Arbitration and Conciliation act, 1996 read with Order XXI Rule 1 of the Civil Procedure which I find has the oblique motive to confine jurisdiction to Courts in Delhi. The facts, briefly narrated are that the Respondent, namely, M/s Indiana Engineering works Pvt. Ltd. had filed a Winding-up Petition in the High court at Ranchi, which Petition was allowed. The Petitioner filed an Appeal and in the course of its hearing it came to light that the disputes between the parties were governed by an Arbitration Clause. At that juncture, a Consent Order was passed referring the disputes to the Sole arbitration of Justice L. N. Prasad (Retd. ). An Award has since been published, against which Objections have been filed by the Respondent in the principal City Civil Court, Ranchi. These Objections are pending adjudication.

( 2 ) THIS Petition has been filed on the assertions that the petitioner/judgment Debtor had addressed numerous communications to the Respondent/decree Holder, asking the latter to furnish an unconditional acceptance of the Award a









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