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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. LAKSHMINARAYANAN
BVM Global Educational Trust Represented by Managing Trustee Mr.A.S.Ramana Prasad – Appellant
Versus
BSCPL Infrastructure Limited Represented by Senior Manager and Accounts Officer Mr.Narendra – Respondent
| Table of Content |
|---|
| 1. dispute relates to non-payment of rent. (Para 1 , 2) |
| 2. interim order granted by the district judge. (Para 3 , 4) |
| 3. governing law and jurisdiction agreed. (Para 5 , 6) |
| 4. jurisdiction defined by seat of arbitration. (Para 8 , 9 , 10) |
| 5. appointment of sole arbitrator suggested. (Para 11 , 12) |
| 6. civil revision petition allowed; original petitions struck off. (Para 13 , 14) |
ORDER :
V. LAKSHMINARAYANAN, J.
These Civil Revision Petitions seeks to struck off the Original Petitions in O.P.Nos.245 to 247 of 2024, on the file of the learned Principal District Judge, Chengalpattu. The aforesaid Original Petitions had been presented invoking the provisions of Section 9 of the Arbitration and Conciliation Act, 1996. There is no dispute in the relationship between the parties.
2. The civil revision petitioner is the lessee and the 1st respondent is the lessor. On account of the fact that the civil revision petitioner allegedly did not pay the rentals as per the lease agreement entered into between the parties on 05.12.2009, dispute arose between them. Both sides agreed that they will nominate their respective Arbitrators but as the Presiding Arbitrator could not be appointed, they
Once parties establish the seat of arbitration, invoking jurisdiction elsewhere under the Arbitration and Conciliation Act, 1996 is impermissible.
Court affirmed petitioners' right to seek interim orders in chosen jurisdiction under Section 9 despite arbitration seat specifications.
The main legal point established in the judgment is that parties can waive the jurisdiction clause agreed upon in an arbitration agreement through their conduct, such as filing applications and appea....
The designation of a venue for arbitration also constitutes the seat, thus excluding jurisdiction of other courts as per party autonomy principles.
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