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P. NAVEEN RAO, SAMBASIVARAO NAIDU
India Media Services Private Limited rep. by its Authorized representative Kaushuk Banerjee – Appellant
Versus
SBPL Infrastructure Limited – Respondent
ORDER:
P.Naveen Rao, J.
Heard M.S.Prasad learned senior counsel appearing for Smt. A.Satya Siri, learned counsel for the petitioner and Sri Venkat Prasad Ukkalam learned counsel for the respondent.
2. On 05.12.2005, petitioner and the respondent entered into a Nomination Agreement. Disputes arose between the parties with respect to the Nomination Agreement and petitioner issued letter dated 24.10.2011 invoking the arbitration clause in the Nomination agreement. On an application filed by the petitioner, under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’), Calcutta High Court initially appointed Justice Jayanta Kumar Biswas (Retired) as Arbitrator, who later recused himself.
3. After recusal by Justice Jayanta Kumar Biswas, respondent filed application A.P.No.435 of 2019 before the Calcutta High Court, wherein, he sought direction from the Calcutta High Court for appointment of an Arbitrator. On further application filed by the petitioner Justice Baskar Bhattacharya (Retired) was appointed as Arbitrator and he was directed to conclude the proceedings by the end of August 2020. Though, arbitration proceedings concluded on 9.8.2020, the award was actually
Hon’ble Supreme Court clarified that expression “with respect to an arbitration agreement’ applies to all applications made before or during arbitral proceedings or after award was passed.
The main legal point established in the judgment is that an application for the enforcement of an arbitral award must be filed in the court where the Section 9 or Section 34 application was previousl....
Execution of arbitral awards must occur in the court where the original arbitration application was filed, as per Section 42 of the Arbitration and Conciliation Act.
The enforcement of an arbitral award can be initiated anywhere in the country where the decree can be executed, without requiring a transfer of decree from the court with jurisdiction over the arbitr....
The main legal point established is that the Commercial Court has jurisdiction to entertain execution proceedings arising from an award under the Arbitration and Conciliation Act, and the award holde....
The seat of arbitration determines jurisdiction for enforcement of awards, allowing execution within that jurisdiction despite asset relocations, emphasizing the need for transparency in asset disclo....
The court held that under the Arbitration and Conciliation Act, only the court that entertained the initial arbitration application has jurisdiction to enforce the award, reinforcing exclusive enforc....
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