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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K. PANIGRAHI
Jaycee Housing Private Limited – Appellant
Versus
Neelachal Buildtech & Resorts Pvt. Ltd., Bhubaneswar – Respondent
| Table of Content |
|---|
| 1. appeal under section 37 of the a&c act noted. (Para 1) |
| 2. background facts of the arbitration dispute. (Para 2 , 3 , 4 , 5 , 6) |
| 3. summary of parties' contentions. (Para 7) |
| 4. appellants' arguments on arbitration disqualification. (Para 8 , 9 , 10) |
| 5. respondent's submissions on maintainability. (Para 11 , 12 , 13 , 14 , 15) |
| 6. court's determination on preliminary issues. (Para 16 , 17 , 18) |
| 7. analyses of commercial courts act provisions. (Para 19 , 20 , 21 , 22) |
| 8. court reviews previous case law and its implications. (Para 23 , 24 , 25 , 26) |
| 9. recent interpretations of commercial courts act cited. (Para 27 , 28 , 29 , 30 , 31) |
| 10. the court's conclusion on the applicable court for arbitration appeals. (Para 32) |
| 11. final instructions on appeal process and conclusion. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39) |
JUDGMENT :
1. This Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “A&C Act”) has been filed seeking setting aside of the judgment dated 2.2.2024 passed by the learned Senior Civil Judge, Commercial Court, Bhubaneswar in Arbitration Petition No. 79 of 2015.
2. The present Appellants are the original owner of 4 acres 875
The jurisdiction for appeals regarding arbitration awards under the Arbitration and Conciliation Act lies with the Commercial Appellate Court as prescribed by the Commercial Courts Act, 2015, superse....
Jurisdiction of Commercial Courts – All applications or appeals arising out of arbitration under provisions of Arbitration and Conciliation Act, 1996, other than international commercial arbitration,....
The provisions of the CC Act prevail over the provisions of the A&C Act in relation to the jurisdiction and powers of Commercial Courts to deal with commercial disputes, including arbitral disputes.
Power to refer parties to arbitration where there is an arbitration agreement - Application of any of the parties to the suit, withdraw such suit or application from the court before which it is pend....
Venue of arbitration does not equate to its jurisdictional seat; petitions under the Arbitration Act must be filed where arbitration took place, as established in prior Supreme Court rulings.
The main legal point established in the judgment is the jurisdiction and classification of cases for challenges to International Commercial Arbitration Awards under Section 34 of the Arbitration and ....
Granting or refusing to grant any measure and set aside an arbitral award - No final adjudication of Section 9 application nor does impugned order finally decide same - Decision in application under ....
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