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HIGH COURT OF BOMBAY
M. S. Sonak, JJ, Jitendra S. Jain, J
Gammon Engineers and Contractors Pvt. Ltd. – Appellant
Versus
Rohit Sood – Respondent
| Table of Content |
|---|
| 1. court jurisdiction based on exclusive agreement. (Para 1 , 2) |
| 2. analysis of the provisions of msmed act. (Para 3 , 8 , 18 , 19 , 20 , 21 , 24 , 25) |
| 3. arguments regarding jurisdiction of courts. (Para 4 , 5 , 6) |
| 4. implications of arbitration clause and its enforcement. (Para 11 , 12 , 14 , 15 , 31) |
| 5. judgment affirming exclusive jurisdiction of mumbai courts. (Para 30 , 34 , 39 , 40) |
| 6. conclusion affirming mumbai as jurisdiction. (Para 52) |
Judgment ( P er Jitendra S. Jain, J. ) :-
1. The following question is referred for the consideration of the Larger Bench on account of contrary views expressed by the two learned Single Judges of this Court in case of Gammon Engineers and Contractors Pvt. Ltd. Vs. Sahay Industries , 2023 SCC OnLine Bom 750 wherein it was held that Application under Section 34 of the Arbitration and Conciliation Act, 1996 [‘Arbitration Act’] in case of the award passed under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 [‘MSMED Act’] is to be filed as per original agreement between the parties at the place where exclusive jurisdiction is agreed upon and not at the place where the award under Section 18 was passed. T
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