M/S. Milkfood Pvt. Ltd. Vs. M/S. Gmc Ice Cream (P) Ltd.
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Head Note
The Arbitration and Conciliation Act, 1996 - Section 14 (2) , Section 31 , Section 30 , Section 33 , Section 34 , The Code of Civil Procedure, 1908 - Order VII Rule (10)
Determination of jurisdiction - Respondent entered into a manufacturing and packing agreement with the appellant - Dispute arose matter referred to the arbitral tribunal by Patna HC - Arbitral tribunal passed an award - Respondent filed an application u/s. 14(2) of the Act before the Sub Court at Gaya for making the award a rule of the Court - Appellant filed an application under O. 7 r. 10 CPC r/w s. 31(4) of the Act contending that only the Delhi HC had jurisdiction to entertain the application u/s. 14(2) of the Act - Appellant also filed petition u/ss. 30, 33 challenging the award before the Delhi HC - Delhi HC held that the issue of jurisdiction should be decided by the Gaya court and if it came to the conclusion that it had no jurisdiction, that court could forward the record to Delhi High Court - Gaya court dismissed appellant's application u/s. 14(2) holding that it had jurisdiction - Appellant filed revision before the Patna HC challenging the order of Gaya court in respect of application u/s. 14(2) - Dismissed revision - Appeal - Arbitration clause provided that the venue of arbitration should be Delhi and Delhi courts would have jurisdiction - Hence, Delhi HC alone would have jurisdiction to entertain any subsequent applications and therefore the court at Gaya would not have jurisdiction - Impugned Patna HC order and as also the order of Sub Court at Gaya holding it had jurisdiction, were set aside and direction issued to the respondent to obtain return of the application u/s. 14(2) of the Act from Gaya court and to file it before the Delhi HC - Appeal allowed.
Topic(s)-Determination of jurisdiction