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2021 Supreme(Mad) 3603

M. SUNDAR
Joint Commissioner / Executive Officer, Arulmigu Dhandayuthapani Swamy Thirukoil Palani, Dindigul, Tamil Nadu – Appellant
Versus
Damodar Ropeways & Infra Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M. Sriram.

ORDER :

Captioned 'Original Petition' ('OP' for the sake of brevity) has been listed before me under the cause list caption 'FOR MAINTAINABILITY' owing to doubts regarding territorial jurisdiction of this Court qua supervisory Court under Section 34 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)', hereinafter 'A and C Act' for the sake of brevity.

2. The maintainability note placed before me by the Registry, reads as follows :

3. Mr. M. Sriram, learned counsel on record for petitioner in captioned OP is before me. Notwithstanding the endorsement made at the time of representing the papers, learned counsel very fairly submitted that the legal position under arbitration law is different as Sections 16 to 21 of 'The Code of Civil Procedure, 1908' ('CPC' for the sake of brevity), operate in a different realm.

4. This takes us to Section 20 of the A and C Act. Hon'ble Supreme Court in Indus Mobile case, being Indus Mobile Distribution Private Limited Vs. Datawind Innovations Private Limited and Others reported in (2017) 7 SCC 678, had held that the juridical seat will determine the territorial jurisdiction of the supervisory Court and the jurisdiction of the supervisory

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