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DEEPAK KUMAR TIWARI
N. T. P. C. Ltd. , P. O. Ujwalnagar, District Bilaspur (C. G. ) – Appellant
Versus
P. M. A. Constructions Co. , Nagpur, Maharashtra – Respondent
ORDER :
1. With the consent of learned Counsel for the parties, the matter is heard finally.
2. This Petition has been filed challenging the order dated 07.07.2021 passed by the Commercial Court (District Level), Raipur in MJC No.20/2020 whereby, the application preferred by the Petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act of 1996’) against the award dated 16.09.2020 passed by the Arbitrator Mr. Amrendra Prasad Choudhary, Ex. CMD, RINL at Delhi, has been dismissed by holding that the Commercial Court is not vested with the territorial jurisdiction to consider the Petition filed by the Petitioner and accordingly returned the original Petition to the Petitioner for instituting the same before the Court having jurisdiction.
3. Shri Majumdar, learned Counsel for the Petitioner submits that it is not disputed that the contract has been signed at Bilaspur and as per clause-2.0 of the condition of the contract, the work is to be executed in the area required by NTPC-Sipat, District Bilaspur and the earnest money has also been accepted which was payable at Bilaspur, therefore, as per Section 2(e) of the Act of 1996, the subject matter of the a
It is well settled that where more than one court has jurisdiction, it is open for parties to exclude all other courts.
The designated seat of arbitration establishes exclusive jurisdiction for related applications, affirming that the Commercial Court in Ranchi has jurisdiction over Section 34 applications.
Venue of arbitration does not equate to its jurisdictional seat; petitions under the Arbitration Act must be filed where arbitration took place, as established in prior Supreme Court rulings.
The seat of arbitration is the place where the arbitration proceedings are held and not the place where the cause of action arose. The courts at the seat of arbitration have exclusive jurisdiction to....
The jurisdiction for arbitration-related applications is governed by the parties' contractual agreement, and courts at the designated location have exclusive jurisdiction, regardless of where the arb....
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.
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