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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE SOMASEKHAR SUNDARESAN
Keller Ground Engineering India Private Limited – Appellant
Versus
Archon Powerinfra India Pvt. Ltd. & Ors. – Respondent
JUDGEMENT :
Somasekhar Sundaresan J.
The Petitions:
1. Commercial Arbitration Petition No.426 of 2024 (“Section 9 Petition”) is filed under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) seeking various interlocutory reliefs in connection with disputes and differences said to have arisen between Keller Ground Engineering India Private Limited, the Petitioner (“Keller”) on the one hand, and Arcon Powerinfra India Pvt. Ltd., Respondent No.1 and Chhabra’s Associates, Respondent No. 2 (“Contesting Respondents”).
2. Indian Oil Corporation Limited (“Indian Oil”) has been added as Respondent No.3 in the Section 9 Petition since the interlocutory relief to preserve the subject property underlying the arbitration proceedings, required issuance of directions to Indian Oil.
3. Commercial Arbitration Application No.227 of 2024 (“Section 11 Petition”) seeks reference of disputes and differences between Keller and the Contesting Respondents to an arbitral tribunal, in accordance with the arbitration agreement between the parties, in exercise of powers under Section 11 of the Act.
Factual Matrix – Two Work Orders:
4. The facts relating to the existence of the arbitration agreement i
The designation of a venue in an arbitration clause serves as the seat of arbitration, granting jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996.
The seat of arbitration clause, fixing the seat of arbitration at New Delhi, resulted in courts at New Delhi being exclusively competent to entertain petitions under the 1996 Act, in exercise of its ....
The main legal point established in the judgment is that the venue of arbitration specified in the contract determines the jurisdiction of the court to entertain applications for the appointment of a....
The jurisdiction for appointing an arbitrator lies with the court where the principal agreement was executed, as per Section 11(6), despite a venue specified in an ancillary agreement.
The designated seat of arbitration establishes exclusive jurisdiction for related applications, affirming that the Commercial Court in Ranchi has jurisdiction over Section 34 applications.
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