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TMI Blog2009 (4) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 26.4.2007. By the impugned judgment, the Division Bench has held that in the reference, an application was admittedly made to Delhi High Court and therefore, it would not only be in accordance with law, but will also be proper for the parties to approach the same court. 3. The facts leading to this Special Leave Petition are: the appellant is a Liberian Shipping Company carrying on business through their protecting agents M/s. G.A.C. Shipping India Ltd. The respondent is a government company, which by charter party dated 2.6.1989 chartered the appellants vessel M.V. Animar to carry Rock Phosphate from Togo to West Coast India. The respondent chose Mumbai as the port of delivery. The dispute resolution clause of the charter party pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r orders before proceeding further with the matter. 6. The appellant moved the High Court of Bombay, inter alia with a prayer for conformation/appointment of Mr. Cooper as Umpire and to enlarge the time for making the award. The Single Judge as well as Division Bench in Arbitration Petition dismissed the appellant's petition and appeal respectively, solely on the ground that in view of Section 31(4) of the Arbitration Act, 1940 and in view of the Arbitration Petition filed by the respondent earlier before the Delhi 7. High Court, which had been dismissed as having become in fructuous; the Bombay High Court cannot adjudicate upon the appellant's petition. The Division Bench of Bombay High Court has observed, that, if the Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1970]1SCR351 and Guru Nanak Foundation v. Ratan Singh and Sons [1982]1SCR842 . 10. In Union of India v. Surjeet Singh Atwal [1970]1SCR351 , this Court has held that an application under Section 34 of the Act (for stay of suit) does not amount to an application under Section 31(4) of the Act and it belongs to a different category because such application does not lead to a reference to arbitration. 11. In Guru Nanak Foundation v. Ratan Singh Sons [1982]1SCR842 , this Court has observed that even though the first Court to be approached by the parties had been the Delhi High Court, since eventually the Supreme Court appointed the arbitrator and gave further directions regarding the proceedings, it was the Supreme Court which was the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings to have these questions determined beforehand. Thus applications under Sections 33 and 34 both are fundamentally in the matter of arbitration proceedings and fall within the purview of Section 31(4) of the Arbitration Act, though the former is intended to make an arbitration agreement ineffective and the latter effective and neither leads to a reference. [See (1971) 1 SCC 70] 15. In the case of State of M.P. v. Saith and Skelton (P) Ltd. [1972]3SCR233 , this Court has held that the expression `court' will have to be understood as defined in Section 2(c) of the Act, only if there is nothing repugnant in the subject or context. It is in that light that the expression `court' occurring in Section 14(2) of the Act will have t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Ltd. v. Annapurna Construction AIR 2008 SC 2028 , this Court observed that a distinction must be borne in mind in a case where this Court had no control over the proceedings and the case in which control of proceedings of the arbitrator had been retained. 18. Therefore, in the view taken by this Court in Bharat Cooking case, although an application was filed before the Delhi High Court, but it did not retain any control over the said proceedings of the arbitrator. Also respondent did not file any application regarding appointment of another arbitrator in the Delhi High Court. Thus, the application filed before the Delhi High Court cannot be said to a reference made under Section 31(4) of the Act. 19. Under the agreement, respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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