Amarjit Singh Tathgu v. M/s Yamuna Gases and Chemicals Ltd

Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? -.- Present:- Mr. Vivek Singla, Advocate for the petitioner. Mr. Sunish Bindlish, Advocate for respondents. HEMANT GUPTA, J The petitioner has sought appointment of an Arbitrator in terms of agreement dated 08.04.2002. The petitioner, a resident of Canada, represents a Company incorporated in Canada, which entered into an agreement with the respondent-Company in respect of technical transfer for upgrading and modernization of technology for the manufacturing of Polymeric insulated heat shrinkable products using chemical and irradiation techniques of cross-linking. Learned counsel for the respondent has raised a preliminary objection that the said agreement is an "International Commercial Agreement" and therefore, in terms of Section 11[12(a)] of Arbitration and Conciliation Act, 1996, the jurisdiction to appoint an Arbitrator is that of Arbitration No.116 of 2007 -2- Hon'ble Chief Justice of India. Learned counsel for the petitioner could not controvert the objection raised by the learned counsel for the respondents. In view of the said fact, the present application is dismissed with liberty to avail the remedy available to the petitioner in accordance with law. (Hemant Gupta) Judge 6th February, 2009. monika