The Union of India v. M/S.v.Manikkam Engineers
Case brief
What is this about?
The High Court rejected an Original Petition under Section 34 of the Arbitration and Conciliation Act, 1996 seeking to set aside an arbitral award. The Court held it lacked territorial jurisdiction because the seat of arbitration was Kerala, rendering the Madras High Court incompetent to entertain the challenge.
What did the court decide?
The petition was dismissed on the ground of lack of territorial jurisdiction due to the seat of arbitration being in Kerala.
What the court decided
O.P.No.249 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2020
CORAM
THE HON'BLE Mr. JUSTICE M.SUNDAR
O.P.No.249 of 2014
1.The Union of India,
represented by the General Manager,
Southern Railway,
Southern Railway Headquarters Office,
Park Town, Chennai-600 003.
2.The Chief Engineer (Gauge Conversion),
Southern Railway, Works Construction Branch,
Egmore, Chennai-600 008. .. Petitioners
Vs.
1.M/s.V.Manikkam Engineers (Pvt.) Ltd.,
No.364, Pillaiyar Koil Street,
Panneer Nagar,
Mogappair (West),
Chennai-600 037.
- 2.Hon'ble Mr.Justice T.V.Ramakrishnan, (Sole Arbitrator) Anugraham, Panchalam, Ernakulam. (Respondent No.2 stands deleted in and by this order) .. Respondents
O.P.No.249 of 2014
This Original Petition is filed under Section 34 of the Arbitration and Conciliation Act, 1996 seeking to set aside the award dated 05.05.2011 made in relation to disputes arising out of agreement dated 30.03.1999 bearing No.134/CN/99 insofar as the award under claims 3 to 7 and the counter claims 2 and 3 are concerned and thus render justice.
Issues for consideration
3 issues framed by the court
Whether the Madras High Court has territorial jurisdiction to entertain Section 34 proceedings set aside an award made in Kerala.
Whether the *BGS SGS Soma* principle on seat of arbitration determines exclusive jurisdiction over Section 34 challenges.
Whether the return of the award to the petitioner is permissible when the petition is rejected on jurisdiction.
Parties & counsel
- petitioner
Union of India
- respondent
M/s. V. Manikkam Engineers (Pvt.) Ltd.
Coram
M. Sundar
Case details
As recorded by the court registry
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