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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JUSTICE SYAM KUMAR V.M., J
Raj Group A Registered Partnership Firm Rep. By Its Managing Partner – Appellant
Versus
India Railway Catering And Tourism Corporation Ltd. – Respondent
ORDER :
This Arbitration Request invoking Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) to appoint an Arbitrator to resolve the disputes that have arisen between the petitioner and the respondents.
2. Petitioner is a registered partnership firm which has been awarded the licence for the operation, maintenance and provision of catering services in the refreshment rooms (Kitchen Unit) at Ernakulam Town North Railway Station. Annexure A1 letter of intent evidencing the same had been issued to the petitioner on behalf of the 3rd respondent. The petitioner had accepted Annexure A1 and had entered into Annexure A2 formal agreement. Petitioner had paid to the 3rd respondent an amount of Rs.60,93,561/- towards licence fee and tax and commenced steps to set up the refreshment room in terms of the agreement between the parties. An interior designer was appointed and payments were made in the said respect as revealed in Annexures A3 and A4. An FSSAI registration and temporary power supply were also taken by the petitioner expending substantial amounts. The works pursuant to the agreement commenced on 02.07.2022 and to the dismay of the petitione
The designation of a venue for arbitration also constitutes the seat, thus excluding jurisdiction of other courts as per party autonomy principles.
The court emphasized that the jurisdiction for the petitions lay in Delhi, and the respondent's unilateral appointment procedure for arbitrators was impermissible under the law.
Point of law: Where any disputes arise between parties in respect of or in connection with the agreement then parties shall first endeavour to conciliate the disputes failing which the same shall be ....
Point of law : Seat of Arbitration - What constitutes the ‘seat’ of arbitral proceedings - the intention of the parties is germane and that can be gathered from Contract.
The designation of 'venue' in an arbitration clause does not imply the 'seat' of arbitration, which must be expressly specified; exclusive jurisdiction remains with civil courts at the location defin....
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