Indeen Bio Power Limited vs M/S. Efs Facilities Service … on 26 April, 2018

2. The appellant had filed the claim before the Arbitral Tribunal raising
several claims. By the impugned order/award dated 15.09.2016, the
Arbitral Tribunal has held that the agreements under which the proceedings
had been initiated did not come into existence and, as such, the Tribunal did
not have any jurisdiction to adjudicate the disputes between the parties.

3. A preliminary objection was raised by the respondent, whereby, it
was contended that order dated 15.09.2016 was an arbitral award and could

ARB. A. (COMM.) 39/2016 Page 1 of 8
be challenged only by way of a petition under Section 34 of the Act and not
by way of an appeal under Section 37 of the Act.

Source: Indian Kanoon

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