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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Mecon Limited – Appellant
Versus
K.c.s. Pvt. Ltd. – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Shresth Gautam, learned counsel for the petitioner and Mr. Suvendu Kumar Ray, learned counsel for the opposite party.
2. The petition has been filed under Article 227 of the Constitution of India praying therein to quash the order dated 30.11.2023, contained in Annexure-4 of the petition passed in Commercial Arbitration Case No.13 of 2023 by the learned Additional Judicial Commissioner-III cum Presiding Officer, Commercial Court, Ranchi, by which, the learned Commercial Court, Ranchi has dismissed the application filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (for the sake of brevity hereinafter to be referred to as ‘the Act, 1996”) on the ground that since in the present case, the learned Sole Arbitrator was appointed by the Hon’ble Orissa High Court, therefore, the learned Commercial Court, Ranchi does not have the jurisdiction to proceed with the application for setting aside the award. The further prayer is made to hold and declare that in the present case, in light of the exclusive jurisdiction clause contained in the contract entered into between the parties and the clear intention of the parti
The designated seat of arbitration establishes exclusive jurisdiction for related applications, affirming that the Commercial Court in Ranchi has jurisdiction over Section 34 applications.
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....
Point of Law : There was concurrent jurisdiction conferred on the courts ceased with subject matter in dispute and the courts where arbitration was carried out.
The High Court's appointment of an arbitrator under Section 11(6) does not grant it jurisdiction over objections to the arbitral award under Section 34; objections must be heard in the proper princip....
The seat of arbitration clause, fixing the seat of arbitration at New Delhi, resulted in courts at New Delhi being exclusively competent to entertain petitions under the 1996 Act, in exercise of its ....
(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....
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