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MOUSHUMI BHATTACHARYA
Cholamandalam Investment and Finance Company Limited – Appellant
Versus
Uma Earth Movers – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
1. The petitioner has filed the present application under section 9 of The Arbitration and Conciliation Act, 1996 praying, inter alia, for appointment of a Receiver in respect of the asset which was financed by way of a loan given by the petitioner to the respondents. The petitioner also seeks a restraint on the respondents from transferring or disposing of the said asset.
2. The respondents have taken a point of maintainability of the application on 3 grounds. The first of the grounds is that the application is barred under section 42 of The Arbitration and Conciliation Act, 1996. The second objection is that the application is barred under Order XXIII Rule 1 of The Code of Civil Procedure, 1908, which relates to withdrawal of suits. The third objection is that the application has not been filed before the jurisdictional Court in terms of the arbitration agreement between the parties.
3. Learned Counsel for the respondents argues that the learned City Civil Court at Calcutta has the jurisdiction to entertain this application since the first application was made by the petitioner before the learned City Civil Court under section 9 of the 1996 Act. C
The Court emphasized the importance of pecuniary jurisdiction, the designation of the proper Court as per the arbitration clause, and the non-exclusivity of jurisdiction under the 1996 Act.
An application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside an arbitral award must be filed before the Court which has pecuniary jurisdiction to entertain the appl....
(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.
Jurisdiction of Commercial Courts – All applications or appeals arising out of arbitration under provisions of Arbitration and Conciliation Act, 1996, other than international commercial arbitration,....
The main legal point established in the judgment is the determination of jurisdiction for setting aside an award under section 34 of the Arbitration and Conciliation Act 1996, based on the seat and v....
The main legal point established in the judgment is the exclusive jurisdiction of the High Court to appoint an arbitral tribunal under section 11 of the Arbitration and Conciliation Act, 1996, and th....
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