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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
NMDC Steel Limited – Appellant
Versus
Danieli and C-Officine Meccaniche SpA – Respondent
| Table of Content |
|---|
| 1. writ petition filed against procedural order. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 40 , 41 , 42) |
ORDER :
1. The instant Writ Petition has been filed for a Writ of Certiorari quashing the Procedural Order No.15 dated 15.09.2025 passed by the Arbitral Tribunal as being perverse and in contravention of the principles of natural justice and equal treatment of parties under the provisions of The Arbitration and Conciliation Act, 1996 (‘the 1996 Act’) and the ICC Rules.
2. By the said impugned Procedural Order, the venue of the Closing Hearing in the Arbitration was shifted from Delhi to London, UK.
3. The petitioner prays for restoration of the venue to a location in Hyderabad. The petitioner also prays for an interim order for stay of the Arbitration Proceedings pending before the Arbitral Tribunal in ICC.
4. The petitioner is a respondent in an International Arbitration between a foreign party and its Indian counterpart and another party based in Mumbai (3 claimants). Hyderabad, India, is designated as the venue of the Arbit
The court affirmed that a writ petition under Article 226 of the Constitution should only intervene in arbitration matters under rare circumstances where a clear case of perversity is demonstrated.
Arbitration clause specifying venue at place or neutral country with exclusive jurisdiction elsewhere constitutes contrary indicia; not seat. Post-amendment, High Court jurisdiction for international....
Once seat of arbitration is replaced by mutual agreement, parties have to be referred to Courts at that place for resolution of Section 34 petition.
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