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2017 Supreme(Chh) 731

SANJAY K.AGRAWAL
Vijay Kumar Agrawal – Appellant
Versus
Tata Motors Finance Ltd. – Respondent


Advocate Appeared:
For the Appellant :Shri Sushobhit Singh, Advocate.
For the Respondent:Shri Rajeev Bharat and Shri Ashish Surana, Advocates.

ORDER :

SANJAY K. AGRAWAL, J.

1. In order to resolve the dispute arisen between the parties by way of arbitration, Arbitral Tribunal was constituted in accordance with Loan cum Hypothecation cum Guarantee agreement dated 26.09.2012 and ultimately Arbitral Tribunal delivered an award on 12th June, 2014 directing the petitioner to make payment of awarded amount along with interest.

2. Feeling aggrieved and dissatisfied with the award, appellants herein filed an application under Section 34 (2) of the Arbitration & Conciliation Act, 1996 (henceforth "Act, 1996") before the District Judge, Bilaspur in which after notice, respondent herein filed an application under Order 7 Rule 11 read with Section 151 of the Civil Procedure Code (henceforth "Code") that the Court at Mumbai has exclusive jurisdiction to entertain an application under Section 34 (2) of the Act, 1996 in view of Clause 24.1 of the agreement, therefore, application filed under Section 34(2) of the Act, 1996 is liable to be rejected.

3. Learned District Judge, Bilaspur, by its impugned Order dated 12.02.2016 granted the application under Order 7 Rule 11 of the Code and dismissed the application under Section 34 (2) of the Act,


























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