R. M. LODHA, ROHINTON FALI NARIMAN, KURIAN JOSEPH
B. E. Simoes Von Staraburg Niedenthal – Appellant
Versus
Chhattisgarh Investment Ltd. – Respondent
JUDGMENT :
S.L.P. (Civil) No. 7589 of 2011
1. Leave granted. Admittedly, a Raising Agreement with regard to mines located in Goa was entered between the parties at Raipur on 09.04.2007. The first Appellant operates mines in Goa. Under the Raising Agreement, the Respondent is exclusive purchaser of the ore from the mines of the Appellants. The disputes having arisen between the parties, the Respondent (hereinafter referred to as "CIL") made an application Under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, 1996 Act') for interim protection before the Court of District Judge, Raipur. The present Appellants (hereinafter referred to as "SIMOES"), who were Respondents in the application, raised the objection, by way of an application, about the jurisdiction of the District Judge, Raipur. It was submitted by the SIMOES that the District Judge, Raipur has no jurisdiction for three reasons: (i) the subject mines are located in Goa, (ii) the agreement was also made in Goa, and (iii) the place of residence of Respondent No. 2 is Goa. CIL, on the other hand, responded to the SIMOES objection by stating that although the subject mines are situated in Goa, the working of the
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