NDLI: G H Quippo Construction Equipment Limited Vs. Janardan Nirman Pvt. Limited

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	20 and 34 16 Arbitration and Conciliation Act ss.4
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Arbitration and Conciliation Act, 1996 (26 of 1996)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Arbitration and Conciliation Act, 1996 – ss.4, 16, 20 and 34 – Four agreements entered into between the parties – Dispute – Sole arbitrator appointed – In one of the agreements the venue was Kolkata but proceedings were conducted at Delhi – Litigation ensued both before the Courts at Kolkata and Delhi – Common ex-parte award passed – Respondent filed petition u/s.34 in the Court of District Judge, Alipore – Dismissed – Order set aside by High Court – Held: Arbitration in question is a domestic and an institutional arbitration where Construction Industry Arbitration Association (CIAA) was empowered to and did nominate the Arbitrator – It is not as if there were completely different mechanisms for appointment of Arbitrator in each of the agreements – Only distinction is that as per one of the agreements, the venue was to be at Kolkata –Specification of “place of arbitration” may have special significance in an International Commercial Arbitration, where the “place of arbitration” may determine which curial law would apply – However, in the present case, the applicable substantive as well as curial law would be the same – Further, respondent neither participated in arbitration proceedings nor objected to jurisdiction of the Arbitrator, thus deemed to have waived all such objections – Now precluded from raising any objection as to the venue of arbitration – Conclusion drawn by the Court at Alipore was correct – Order of High Court set aside while that of the Court at Alipore is restored.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2020 INSC 380
Petitioner	G H Quippo Construction Equipment Limited
Respondent	Janardan Nirman Pvt. Limited
SCR	[2020] 6 S.C.R. 272
Judgement Date	2020-04-29
Case Number	2378

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