SIROJEXPORT COMPANY LIMITED Vs. INDIAN OIL CORPORATION LIMITED

JUDGEMENT

(1.) The expression " material irregularity" or " illegality " has a limited connotation. It means that the challenged order poses a problem about a material defect in the procedure adopted by the Court while dealing with the matter before it and not of either law or fact after the prescribed procedure was complied with.

(2.) In the light of above settled legal position, I proceed to examine the impugned order dated 8th November, 1996 passed by the District Judge, Jaipur City, whereby the application of the petitioner submitted under Section 11(6) read with Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996) has been dismissed.

(3.) The Act 1996 has been enacted to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards as also to define the law relating to conciliation and for matters connected therewith or incidental thereto; Section 8 of the Act 1996 is with regard to power to refer parties to arbitration, where there is an arbitration agreement. It provides that : 8. Power to refer parties to arbitration where there is an arbitration agreement.