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IN THE HIGH COURT OF ORISSA AT CUTTACK
CHAKRADHARI SHARAN SINGH, C.J.
Gram Tarang Employability Training Services Private Limited – Appellant
Versus
National Skill Development Corporation – Respondent
| Table of Content |
|---|
| 1. details of the parties and the dispute (Para 2 , 3 , 4) |
| 2. loan disbursement conditions and challenges faced (Para 9 , 10 , 11 , 12) |
| 3. issues arising due to performance shortfall (Para 13 , 14 , 15 , 16 , 18) |
| 4. arguments regarding territorial jurisdiction (Para 20 , 21 , 22) |
| 5. court's analysis on arbitration seat and jurisdiction (Para 23 , 25 , 27 , 31 , 32) |
| 6. final dismissal of the petition (Para 35 , 36) |
JUDGMENT :
CHAKRADHARI SHARAN SINGH, C.J.
This matter is taken up through Hybrid mode.
2. The petitioner is a private limited company having its registered office at Visakhapatnam in Andhra Pradesh. This application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short ‘the Act’), through the Director, Abhinav Madan, resident of Gurgaon, seeking appointment of an Arbitrator for adjudication of the disputes and the differences that have arisen between the petitioner and the opposite party.
3. The petitioner claims to be a social entrepreneurial outreach set up by Centurion University of Technology & Management, in partnership with National Skill Development Corporation (NSDC), which is a not-for-profit public limited company, set up
The seat of arbitration, once agreed upon, confers exclusive jurisdiction to the designated court, preventing the invocation of other jurisdictions.
The seat of arbitration, as specified in the agreement, determines the territorial jurisdiction of the court over the arbitral proceedings.
The seat of arbitration determines jurisdiction; courts at the arbitration site hold supervisory authority over proceedings regardless of where the cause of action arises.
The jurisdiction for appointing an arbitrator lies with the court where the principal agreement was executed, as per Section 11(6), despite a venue specified in an ancillary agreement.
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 ....
The jurisdictional seat of arbitration was Panchkula in Haryana, and not Delhi, as the arbitrator had fixed the jurisdictional seat under Section 20(2) of the Act before any party had moved the court....
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