2001 (7) TMI 1307

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....by the Court, fails to do so; thirdly where the relief claimed is properly valued but eh plaint is written upon paper insufficiently stamped and fourthly where the suit appears from the statement in the plaint to be barred by any law. 3. Section 45 of the Arbitration and Conciliation Act, 1996 (in short 'Act') is of mandatory nature and casts/obligation upon the judicial authority when seized of an action in a matter in respect of which an arbitration agreement subsists to refer parties to arbitration. It provides as under:- "45. Power of judicial authority to refer parties to arbitration:- Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908 (5 of 1908), a judicial authority, which seized of an....

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..... This copy has been duly certified by Indian Consulate. However on prime facie and naked eye view, signatures of the partner on this fax message and the signatures appearing on the plaint appear to be different. Even if it is assumed that the aforesaid fax was dispatched by the plaintiff but the fact remains that plaintiff has disputed not only the fax emphatically but also its signatures thereon. 6. Now the question arises whether Part II Chapter I of Section 45 pertaining to Enforcement of Certain Foreign Awards New York Convention Awards, bar the suit filed by the plaintiff or not. Section 44 of Part II provides as under:- 44. Definition:- In this Chapter, unless the context otherwise requires, "foreign award" means an arbitral aw....

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....tribunal to rule on its own jurisdiction, including ruling an any objections with respect to the existence or validity of the arbitration agreement and for that purpose an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contact, is applicable to the proceedings under Section 45 of the Act. I am afraid this contentionin holds no water as it is applicable only where place of arbitration is in India and to make it applicable in respect of foreign awards which would be upsetting the statute itself. 10. However, in the instant case, neither of the aforesaid ingredients or elements has been pleaded by the plaintiff. The defense of the plaintiff is simpliciter that there e....