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2022 Supreme(SC) 550

J. K. MAHESHWARI
Neilan International Co. Ltd. – Appellant
Versus
Powerica Limited – Respondent


Advocates appeared:
For the Appellant :Meera Mathur, Bhupesh Kumar Pathak, Advocates
for the Respondent:Gauhar Mirza, Nishant Doshi, Samarth Madan, S. S. Shroff, Advocates

ORDER

1. The Petitioner has filed the present Transfer Petition seeking the transfer of Comm. A. S. No.09/2019 filed by Respondent No.1 under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) before the CCH83 LXXII Addl. City Civil and Sessions Judge (Commercial Court) at Bengaluru, Karnataka to the Honble Bombay High Court or any other court of competent jurisdiction in Mumbai, Maharashtra, in light of Petitioner having filed Arbitration Petition No.416 of 2019 before the Honble Bombay High Court under Sections 47 and 48 of the Act for the enforcement of arbitral award dated 27 September, 2018 passed by Arbitral Tribunal in ICC International Court of Arbitration Case No.19933/TO in London under the ICC Rules 2012.

2. Learned counsel for Petitioner argued the principle of exclusive jurisdiction to be applied in this case to avoid multiplicity of views arising out of the same agreement between the same parties and urged this Court to determine the jurisdiction of the cases filed in the subject proceedings, particularly when these matters are identical in nature as it would be possible for two courts to arrive at conflicting findings and turning the proceedings to an empty


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