TMI Blog2019 (7) TMI 1844X X X X Extracts X X X X X X X X Extracts X X X X ..... which, the award could not be passed and the same would be enforced in the light of Section 29(A)(4) and therefore, the time taken by the appellant questioning the impugned order passed by the learned Sole Arbitrator has to be excluded - Considering the submission made by the learned senior counsel appearing for the first respondent, the time taken by the appellant is excluded. There are no merit in this appeal - appeal dismissed. - C.M.A. No.2943 of 2019 And C.M.P. No.15621 of 2019 - - - Dated:- 23-7-2019 - THE HONOURABLE MR.JUSTICE T.RAJA For Appellant : Ms.R.Maheswari For Respondents : Mr.M.K.Kabir, Senior Counsel, Ms.Vijayalakshmi And Mr.A.Edwin Prabakar JUDGMENT The appeal has been filed challenging the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondents arose, which has resulted in termination of the agreement dated 03.10.2007 by the appellant vide letter dated 28.01.2011. Due to the difference of opinion occurred between the appellant and the first respondent, a petition in O.P. No.395 of 2011 was filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') to adjudicate upon the disputes between the appellant and the first respondent. This Court, by order dated 03.07.2015 was pleased to appoint Mrs.Justice Chitra Venkataraman, a retired Judge of this Court as a Sole Arbitrator to enter upon the reference with the consent of both parties. Finally, the learned Arbitral Tribunal has passed an Award dated 14.09.2016 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5.Learned senior counsel appearing for the first respondent, referring to Section 16(6) of the Act made it clear that since the learned Arbitrator has held in the impugned order that he has got the jurisdiction to decide the claim raised by the appellant, the matter is ripened for trial under Section 16(6) of the Act and the appellant has to wait till the final order is passed so that the aggrieved party shall make an application for setting aside such an Arbitral Award invoking Section 34 of the Arbitration and Conciliation Act, 1996. 6.Mr.A.Edwin Prabakar, learned counsel appearing for the second respondent, supporting the submissions made by the learned senior counsel appearing for the first respondent, submitted that when the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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