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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAKESH MOHAN PANDEY
Eci-Keystone (JV) Represented by its Managing Director – Appellant
Versus
Superintending Engineer National Highway, Raipur – Respondent
| Table of Content |
|---|
| 1. basis of the petition and contract details (Para 1 , 2 , 3) |
| 2. arguments regarding jurisdiction and objections (Para 4 , 5) |
| 3. application of laws in arbitration and jurisdiction (Para 6 , 7 , 8 , 9 , 10) |
| 4. court's analysis and reasoning on jurisdiction issues (Para 11 , 12 , 13) |
ORDER :
1. By way of this petition, the petitioner has sought the following relief(s):-
(i) That this Hon’ble Court may kindly be pleased to allow this writ petition and consequently, issue an appropriate writ/order/direction thereby quashing/setting aside the impugned order dated 23.07.2024 passed by Learned Commercial Court (District Level) Naya Raipur, District - Raipur (C.G.)
(ii) That any other order/relief which this Hon’ble Court may deem fit, proper and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the ends of justice & equity.
(iii) That the cost of the petition may kindly also be awarded to the petitioner.
2. Facts of the present case are as under:-
(a) The petitioner, a joint venture of ECI and Keystone Infra Pvt. Ltd., and the Respondent entered into a contract on 01.12.2012 in respect of the execution of work of the constructi
Jurisdictional objections to arbitration awards must be raised during proceedings, not at execution; failure to do so leads to unenforceable awards.
The Arbitration and Conciliation Act, 1996 applies despite the existence of the C.G. Madhyastam Adhikaran Adhiniyam, 1983 due to an arbitration clause in the contract.
Advocates appeared :For the Appellant : Kunal Thakre For the Respondent : Siddharth Sharma
The High Court lacks jurisdiction to appoint an arbitrator in international commercial arbitration, as such powers lie exclusively with the Supreme Court, making any award from improperly appointed t....
The enforcement of an arbitral award can be initiated anywhere in the country where the decree can be executed, without requiring a transfer of decree from the court with jurisdiction over the arbitr....
The main legal point established in the judgment is that objections to jurisdiction must be raised at the appropriate stage, and the findings of the arbitrator on the point of jurisdiction, if not ch....
The appointment of a sole arbitrator deviated from the statutory requirements and terms of the arbitration agreement, making proceedings invalid under the Arbitration and Conciliation Act, 1996.
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