Back
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 :
This matter is taken up through Hybrid mode.
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 by the Ministry of Finance in Public Private Partnership (PPP) model. The NSDC has its registered office at Shaheed Jeet Singh Marg, New Delhi.
5. Article X of the said loan agreement contains the provisions concerning “governing law, dispute resolution and jurisdiction”, Clause-10.2(ii) of which reads as under:
6. Upon notice, the opposite party has entered appearance and raised objection questioning the maintainability of the present petition before this Court, on t
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....
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 ....
The appointment of an arbitrator is valid under revised jurisdictional laws, superseding past dismissals on grounds of territorial limitations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
