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SANDEEP KUMAR
State of Bihar – Appellant
Versus
Tantia Construction Ltd. – Respondent
Sandeep Kumar, J.—Heard Mr. P.K. Shahi, learned Advocate General for the petitioner and Mr. Prafull Chandra Jha, learned counsel for the respondent.
2. The petitioner-State of Bihar has challenged the judgment and order dated 20.09.2021 passed by the learned District Judge, Patna, in Miscellaneous (Arbitration) Case No.198 of 2017, by which the learned District Judge has not entertained the Misc. (Arbitration) Case and disposed of the same with liberty to the petitioner-State to approach the Calcutta High Court where the proceedings under section 9 of the Arbitration and Conciliation Act, 1996 (for short “1996 Act”) has already been entertained and disposed of.
3. The entire controversy emanates from a work agreement dated 15.12.2006 bearing No.01/SB/2006-07, under which the work for the Patna Town Road Project was allotted to the respondent-company namely M/s. Tantia Construction Limited having its registered office at 25/27 Netaji Subash Road, Kolkata-700001. The date of completion of the project was fixed as 14.08.2008 and the cost of the project was Rs.1,57,74,57,222/-. The petitioner-State alleged infractions and violations on several counts and therefore show cause notices were
(1) A defect of jurisdiction, whether it is pecuniary or territorial, or whether it is in respect of subject matter of action, strikes at very authority of Court to pass any decree, and such a defect....
The designated seat of arbitration establishes exclusive jurisdiction for related applications, affirming that the Commercial Court in Ranchi has jurisdiction over Section 34 applications.
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....
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 ....
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