Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | ARBITRATION AND CONCILIATION ACT, 1996: ss. 20, 31(4) and 41(1) - Agreement containing arbitration clause as also an ouster clause confining to jurisdiction of court at Jaipur - Petition uls 20 of the Act filed in Calcutta High Court - HELD: It is only the court at Jaipur which will have jurisdiction to try and decide arbitration proceedings between the parties and also entertain a petition u/s 20 of the Act - Code of Civil Procedure, 1908 - ss. 2(c) and 20 - Jurisdiction of court. The appellant Electricity Board having its base and operation at Jaipur placed two orders for supply of transformer oil with the respondent, a company, having its registered office and manufacturing unit at Calcutta. The purchase orders were followed by two agreements. The general conditions of contract contained an arbitration clause as also an ouster clause confining to the jurisdiction of the court at Jaipur only. Disputes arose between the parties. The respondent filed a petition u/s.20 of the Arbitration Act, 1940 in the nature of a suit before the Calcutta High Court. The suit was dismissed by order dated 6.3.1991. However, ultimately, the appeals of the respondent were allowed by the Division Bench of the High Court holding that the forum selection clause as appearing in the agreements would not operate in view of the specific prohibition uls.31(4) of the Act. It was also held that the respondent having made an application before the Calcutta High Court, which was a Court of competent jurisdiction to try and decide the proceedings, that Court would be entitled to exercise the jurisdiction and all subsequent applications would be made to the said Court only. In the instant appeals filed by the Board, the question ... for consideration before the Court was: whether the ouster clause in the agreement between the parties would also be applicable in ascertaining the competent court for making an application for reference u/s 20 of the Arbitration Act, 1940. |
Judge | Hon'ble Mr. Justice Mukundakam Sharma |
Neutral Citation | 2009 INSC 16 |
Petitioner | Rajasthan State Electricity Board |
Respondent | M/s. Universal Petrol Chemicals Ltd. |
SCR | [2009] 1 S.C.R. 138 |
Judgement Date | 2009-01-12 |
Case Number | 5430 |
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