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2017 Supreme(SC) 621

DIPAK MISRA, R.BANUMATHI
Roger Shashoua – Appellant
Versus
Mukesh Sharma – Respondent


Advocates Appeared:
For Appellant(s) : Ms. Mukti Chowdhary, Adv.
For Respondent(s): Ms. Sneha Kalita, Adv.

JUDGMENT

Dipak Misra, J.

Though innumerable facts have been graphically stated in the petitions seeking leave to appeal as well as in the written note of submissions, yet regard being had to the centrality of the controversy, we shall refer to the facts which are absolutely necessary for adjudication of the lis in question. It may be stated that the High Court has narrated the facts in detail on various aspects, for it was deciding a writ petition and a petition preferred under Section 34 of the Arbitration and Conciliation Act, 1996 (for brevity, ‘the Act’) together and it was required to advert to the “seat of arbitration and venue of arbitration” to determine the maintainability of the petition in the Courts of India. That apart, the High Court was obliged to dwell upon the territorial jurisdiction of a petition under Section 34 of the Act at Gautam Budh Nagar, Uttar Pradesh or High Court of Delhi, in case the Courts in India have the jurisdiction to deal with the objections as postulated under Part I of the Act. Be it noted, a petition under Section 34 of the Act was filed before the learned District Judge, Gautam Budh Nagar, Uttar Pradesh who vide order dated 06.07.2011 had no




















































































































































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