The Respondent Company from Kolkata hired Piing Rigs from the Appellant Company on rent. The dispute pertaining to payment of rent arose between the parties and the Appellant appointed the sole arbitrator under Construction Industry Arbitration Association Rules. The Respondent filed civil suit challenging the validity of arbitration agreement. In the meanwhile, the sole arbitrator passed ex-parte award and the same was challenged before the Courts in Calcutta under Section 34 Petition. The appellant challenged the maintainability of Section 34 on ground of lack of jurisdiction as the seat of arbitration is at New Delhi.

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