A SCHOOL INDIA PRIVATE LIMITED Vs. KIRUTHIKA
LAWS(MAD)-2019-4-530
HIGH COURT OF MADRAS
Decided on April 11,2019

A School India Private Limited Appellant
VERSUS
Kiruthika Respondents

JUDGEMENT

- (1.) Instant 'Original Petition' ('OP' for brevity) has been filed under Section 34 of 'The Arbitration and Conciliation Act, 1996' ('A and C Act' for brevity) assailing an 'arbitral award dated 10.08.2016' ('impugned award' for brevity) made by an 'Arbitral Tribunal' ('AT' for brevity) constituted by a sole Arbitrator, who is a former District Judge.
(2.) Section 34 in the scheme of A and C Act finds its slot under Chapter VII of A and C Act, which is captioned 'RECOURSE AGAINST ARBITRAL AWARD'. A perusal of Section 34 of A and C Act also reveals that recourse to Court against an arbitral award may be made by an 'application'. Also to be noted, the very caption to Section 34 of A and C Act reads 'APPLICATION FOR SETTING ASIDE AN ARBITRAL AWARD'. Be that as it may, such recourse against an arbitral award is being assigned the nomenclature 'Original Petition' in this Registry. Therefore, I shall refer to the instant proceedings as 'OP' for the sake of convenience and clarity.
(3.) Dispute arises out of an agreement styled 'Franchise Agreement dated 25.03.2011' (hereinafter 'said agreement' for brevity).;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.