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2018 Supreme(P&H) 1996

MAHESH GROVER, RAJ SHEKHAR ATTRI
Alpine Minmetals India Private Limited – Appellant
Versus
Noble Resources Limited – Respondent


For the Petitioners:Mr. Siddharth Yadav & Mr. Ankush Chowdhary, Advocates
For the Respondents:Mr. Sumeet Goel & Mr. Vikas Suri, Advocates

JUDGMENT

Mr. Raj Shekhar Attri, J.:- The moot question which arises for determination is as to whether jurisdiction of the District Judge, being the Principal Civil Court, stands withdrawn with regard to the arbitral proceedings already commenced before coming into force the Arbitration and Conciliation (Amendment) Act, 2015 ?

2. One of the respondents before the writ court has knocked the door of this Court by assailing the impugned order dated 30.11.2016, passed by the learned Single Judge in CWP No.2066 of 2016, thereby setting aside the impugned order dated 14.12.2015 passed by the learned Addl. District Judge, Gurgaon.

3. Undisputedly, writ respondent Noble Resources Limited (respondent herein) had obtained a foreign arbitral award. He sought the execution thereof under Section 47 of the Arbitration and Conciliation Act, 1996 (in short ‘the Principal Act’) by filing an application before the learned District Judge, Gurgaon on 13.04.2015 and the same was entrusted to learned Addl. District Judge, for disposal.

4. At the time of filing execution application i.e. 13.04.2015, the jurisdiction was conferred upon principal civil court i.e. the District Judge under the provisions of S


















































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