- (1.) The instant application has been filed by the defendant for rejection of plaint and for dismissal of suit. The plaintiff has filed this suit praying, inter alia, for setting aside of a foreign award made in pursuance of an arbitration clause contained in a contract dated 22nd October, 2009. The arbitration clause reads:- "Clause 15 Arbitration All disputes in connection with this contract or the execution thereof shall be settled amicably by friendly negotiations between the two parties. If no settlement can be reached, the case in dispute shall then be submitted for arbitration in Singapore. Arbitration result should be final and binding on both parties."
(2.) The basis of the instant application is that a suit challenging an award is not maintainable in law.
(3.) Mr. Abhrajit Mitra, the learned Senior Counsel appearing on behalf of the applicant submits that the Arbitration and Conciliation Act, 1996 is a complete code as has been held in Fuerst Day Lawson Vs. Jindal Exports Limited, 2011 AIR(SC) 2649 Paragraph 72: and, accordingly, the plaintiff can only challenge the award in the manner and circumstances as provided in the statute.;