Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 9 1996 – ss. 2(1)(e) Arbitration and Conciliation Act 11(6) & 42 - Arbitration Agreement - Seat of Arbitration - Jurisdiction of High Court - Appellant and respondent entered into a Development agreement for development of property situated at Muzaffarpur in Bihar - The agreement contains Arbitration clause which provides Kolkata as the place of Arbitral Tribunal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 – ss. 2(1)(e), 9, 11(6) & 42 - Arbitration Agreement - Seat of Arbitration - Jurisdiction of High Court - Appellant and respondent entered into a Development agreement for development of property situated at Muzaffarpur in Bihar - The agreement contains Arbitration clause which provides Kolkata as the place of Arbitral Tribunal - As the dispute arose, respondent terminated the said Development Agreement - Respondent moved an arbitration petition in the Calcutta High Court u/s. 11(6) of the Act for appointment of Arbitrator - The appellant objected the territorial jurisdiction of the Calcutta High Court - High Court allowed the Arbitration Petition and appointed a retired judge as Sole Arbitrator - There was no finding by the High Court with regard to its jurisdiction - On appeal, held: The Development Agreement was admittedly executed and registered outside the jurisdiction of the Calcutta High Court – The suit pertains to immovable property situated in Bihar - No part of the cause of action had arisen within the territorial jurisdiction of the Calcutta High Court - Section 11(6) of the Act has to be harmoniously read with Section 2(1)(e) of the A&C Act - An application under Section 11(6) of the Act for appointment of an Arbitrator/Arbitral Tribunal cannot be moved in any High Court in India, irrespective of its territorial jurisdiction - The parties cannot, by consent, confer jurisdiction on a Court which inherently lacked jurisdiction - The parties never agreed to submit to the jurisdiction of Calcutta High Court in respect of disputes, nor did the parties agree upon Kolkata as the seat of arbitration – Parties to the arbitration agreement only agreed that the sittings of the Arbitral Tribunal would be in Kolkata – Kolkata was only the venue for sittings of the Arbitral Tribunal – Calcutta High Court inherently lacks jurisdiction to entertain the application of the Respondent under Section 11(6) of the Arbitration Act. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 1299 |
Petitioner | M/s Ravi Ranjan Developers Pvt. Ltd |
Respondent | Aditya Kumar Chatterjee |
SCR | [2022] 15 S.C.R. 1117 |
Judgement Date | 2022-03-24 |
Case Number | 2394 |
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