Union Of India vs Hardy Exploration & Production … on 9 July, 2015

% 09.07.2015

1. This is a petition filed under Section 34 of the Arbitration and
Conciliation Act, 1996 (in short the Act) to challenge the award dated
1.1 There are two principal objections taken by the respondent
herein. First, a petition under Section 34 of the Act would not lie in
view of the fact that it is a foreign award. Second, even if, the
petition under Section 34 of the Act, is maintainable, the said petition
will not lie in this court as this court does not have the necessary
territorial jurisdiction.
OMP 693/2013 page 1 of 2
2. I may note that in the petition the only averment which has
been made with regard to the territorial jurisdiction of this court, is
that, the office of the petitioner is within the territorial limits of this
court. This assertion is made in paragraph 30 of the petition.
2.1 Mr. Jain, the learned ASG cannot but submit that, this by itself
cannot trigger the jurisdiction of this court.
2.2 At this stage, Mr. Jain seeks to withdraw the captioned petition
to move to an appropriate forum; albeit in accordance with law.
2.3 Mr. Jain, further says that the delay caused on account of the
time spent in this court, ought to be condoned.

Source: Indian Kanoon

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