Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration Act, 1940- s. 31(4) -Applicability of- Petition before Delhi High Court for declaration that nomination of c arbitrator was valid - Dismissed as infructuous on account of death of arbitrator - Later, on the question of appointment of Umpire, petition before Bombay High Court - Dismissed on the ground of lack of jurisdiction holding ,that since previous application filed before Delhi High Court, that court alone had the jurisdiction - On appeal, held : Rejection of petition on account of lack of jurisdiction not correct - s. 31(4) is applicable to "application in a reference" - Application made before Delhi High Court cannot be said to be a reference made u/s. 31(4) - The court did not retain any control over the proceedings and also gave no directions nor appointed any arbitrator - Cause of action also arose before Bombay High Court - Jurisdiction. Appellant and respondent entered into a Charter Party Contract. On dispute, as per arbitration clause, both . the parties nominated arbitrators of their choice. Appellant objected to the nomination of arbitrator, as done by the respondent. Respondent field a petition before Delhi High Court for declaration that the nomination of arbitrator was valid. The petition was Jo dismissed as infructuous on account of the death of nominated arbitrator. Later, regarding dispute on the question of appointment of umpire, petition was filed before Bombay High Court. High Court dismissed the petition holding that in view of s. 31(4) of Arbitration Act, 1940, since the arbitration proceedings had already been initiated with Delhi High Court, future proceedings were to be decided by the same court, and thus, Bombay High Court lacked jurisdiction to decide the same. Hence the present appeal. |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2009 INSC 555 |
Petitioner | Petine Shipping Inc. Of Monrovia |
Respondent | The Minerals And Metal Trading Corporation Of India Ltd. |
SCR | [2009] 6 S.C.R. 551 |
Judgement Date | 2009-04-17 |
Case Number | 2627 |
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