Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996: Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Arbitration Act, 1940 (10 of 1940) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Arbitration and Conciliation Act, 1996: ss. 2(1)(e), 42 - Jurisdiction to determine the controversy emerging out of the award of the arbitral tribunal - Division of litigation between High Court exercising 'ordinary original civil jurisdiction' and the 'Principal Civil Court of original jurisdiction' in a District - Held: s.42 mandates, that the court wherein the first application arising out of such a challenge is filed, shall alone have the jurisdiction to adjudicate upon the dispute(s), which are filed later in point of time - This legislative intent must also be understood as mandating, that disputes arising out of the same arbitration agreement, arbitral proceeding or arbitral award, would not be adjudicated upon by more than one court, even though jurisdiction to raise such disputes may legitimately lie before two or more courts - s.42 is not of any assistance in the instant case as the challenge was made in different court on the same day - In view of facts and circumstances of the case, reliance placed on ss. 15 and 16 CPC was also misplaced - By virtue of s.2(1)(e), if choice is between the High Court (in exercise of its "ordinary original civil jurisdiction') on the one hand, and the "principal civil court of original jurisdiction" in the District i.e. the District Judge on the other, choice is made in favour of the High Court - Code of Civil Procedure, 1908 - ss.15, 16. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2014 INSC 32 |
Petitioner | Executive Engineer, Road Development Division No.ill, Panvel & Anr. |
Respondent | Atlanta Limited |
SCR | [2014] 1 S.C.R. 507 |
Judgement Date | 2014-01-16 |
Case Number | 673 |
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