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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SOMASEKHAR SUNDARESAN
Ramesh Ramchandra Kalyankar – Appellant
Versus
Suresh K. Haware – Respondent
| Table of Content |
|---|
| 1. introduction of the arbitration case details (Para 1 , 3 , 4 , 5) |
| 2. analysis of consent and changes in arbitration seat (Para 2 , 7 , 9 , 12 , 13) |
| 3. jurisdictional questions arising from parties' conduct (Para 6 , 8 , 10 , 11) |
| 4. court's reasoning on autonomy and seat determination (Para 14 , 16 , 17 , 18) |
| 5. (Para 15) |
| 6. conclusion drawn on the territorial jurisdiction and direction for future actions. (Para 19) |
| 7. conclusion on jurisdiction and further actions (Para 20 , 21 , 22 , 23 , 24) |
Judgement :
SOMASEKHAR SUNDARESAN, J.
Context and Factual Background :
1. Commercial Arbitration Petition (L) No. 18764 of 2025 is a Petition filed under Section 29 -A of the Arbitration and Conciliation Act, 1996 (“the Act”), seeking extension of mandate of the Arbitral Tribunal in connection with arbitration proceedings conducted by the Learned Sole Arbitrator right since November 2017.
2. The phrase “peculiar facts of the case” is so routinely used that it tends to not speak to real peculiarity. However, in the instant case, the factual matrix arising out of the conduct of the parties, renders this case, a true tale of the peculiar.
3. The parties executed an Agreement for Sale dat
Territorial jurisdiction for arbitration-related petitions depends on parties' consent and repeated conduct, reaffirming the initially agreed seat despite suggestions of changes.
The jurisdictional seat of arbitration was Panchkula in Haryana, and not Delhi, as the arbitrator had fixed the jurisdictional seat under Section 20(2) of the Act before any party had moved the court....
Section 42 of the Arbitration and Conciliation Act, 1996 applies to all applications made before or during the arbitral proceedings or after an Award is pronounced under Part I of the Arbitration Act....
Point of law: Where any disputes arise between parties in respect of or in connection with the agreement then parties shall first endeavour to conciliate the disputes failing which the same shall be ....
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