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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
PULLA KARTHIK, T.VINOD KUMAR
Singareni Collieries Company Limited – Appellant
Versus
Ama Industries Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. jurisdiction issues related to the arbitration award. (Para 1 , 2 , 3) |
| 2. arguments regarding jurisdiction based on previous applications. (Para 4 , 5) |
| 3. contentions of both parties regarding the seat of arbitration. (Para 6 , 7 , 8 , 9) |
| 4. analysis of section 42 of the arbitration and conciliation act. (Para 10 , 11 , 12 , 13) |
| 5. supreme court's interpretation of jurisdiction under section 42. (Para 14 , 15) |
| 6. facts of the case regarding the previous a.o.p. and its implications. (Para 20 , 21) |
| 7. doctrine of election and estoppel in legal proceedings. (Para 22 , 23) |
| 8. final conclusion directing jurisdiction to khammam. (Para 24 , 25) |
ORDER :
1. This Civil Revision Petition is filed aggrieved by the docket order dated 31.12.2018 in Memo. S.R. No.6041 of 2018 in C.O.P. No. 84 of 2018 passed by the Commercial Court Judge – cum – XXIV Additional Chief Judge, City Civil Court, at Hyderabad.
2. Heard Sri P. Sri Harsha Reddy, learned counsel for the petitioner and Smt. Manjari S. Ganu learned counsel representing Sri Sunil B. Ganu, learned counsel for the respondent No.1 and perused the record.
3. The respondent No.1 herein filed the aforesaid C.O.P under Section 34 of the Arb
The designation of a seat of arbitration grants exclusive jurisdiction to the courts at that location, precluding jurisdiction elsewhere, as per Section 42 of the Arbitration and Conciliation Act, 19....
A designated seat of arbitration confers exclusive jurisdiction to the designated courts, excluding all others, as established in precedent.
The jurisdiction in arbitration applications is determined by the chosen seat of arbitration, irrespective of prior applications filed in other courts.
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 designated seat of arbitration establishes exclusive jurisdiction for related applications, affirming that the Commercial Court in Ranchi has jurisdiction over Section 34 applications.
The principle of jurisdictional exclusivity under Section 42 of the Arbitration and Conciliation Act, 1996, mandates that all applications related to an arbitration agreement must be filed in the sam....
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