The Bombay High Court allowed an arbitration petition where the court declared it lacked jurisdiction due to a prior filing in the Delhi High Court under Section 31(4) of the 1940 Act. No costs were awarded.
Order directed that the award be returned to the Arbitrators to be filed in the Court of jurisdiction in Delhi.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
ARBITRATION PETITION NO. 362 OF 2009
MMTC Ltd.
| .... Petitioner |
|---|
vs
| International Commodities Export Corpn. of New York. .... Respondents |
|---|
Mr.S. Mukharji with Mr.S.P.Bharati for the petitioner.
Mr.Manoj Khatri for respondents.
CORAM: ANOOP V. MOHTA, J.
DATE : 31st July, 2009
P.C.:
1 Considering the averments made and specially para 12, which is reproduced below, and as there is no dispute to this fact, the Petition is allowed in terms of prayer (a), which also reads as under:
“12. Since, in the matter an application was filed in the Hon’ble Delhi High Court, therefore, under Section 31(4) of the Arbitration Act, 1940, all subsequent applications must be filed in Delhi High Court and therefore, this Hon’ble Court has no jurisdiction to entertain any application in the matter.”
“(A) That this Hon’ble Court be pleased to order and direct that the said Award dated 14th June, 2008 filed in this Hon’ble Court be returned to Arbitrators to be filed in the appropriate Court of jurisdiction.”
2 No costs.
(ANOOP V. MOHTA, J.)
1 issue framed by the court
Whether the High Court at Bombay has jurisdiction to entertain an application after an application was filed in the Delhi High Court under Section 31(4) of the Arbitration Act, 1940.
1 provisions across 1 enactments
MMTC Ltd.
International Commodities Export Corpn. of New York
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
