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Head Note

The Arbitration and Conciliation Act, 1996  - Section 9

Letters Patent of the High Court Judicature of Bombay, Clause 12 - Original Jurisdiction to Suits - Letters Patent - Development agreement and MOU - Suit for land - On a studied scrutiny of the agreement and the MoU it is clear that the development agreement indubitably had created certain interests in the land in favour of the appellant - Core dispute pertains to possession of the land, for the appellant claims to be in exclusive possession and the respondent, per contra, has asseverated that it had taken over possession -Any order passed under Section 9 of the 1996 Act will have the impact on the land - Plea that it will not conceptually fall within the category of "suit for land" as engrafted under Clause 12 of the Letters Patent repelled - It is clearly a dispute with regard to the possession which is evincible from the correspondences and the averments made in the application preferred under Section 9 of the 1996 Act - There has to be determination as regards possession and impliedly issue of direction for recovery of possession - Conclusion arrived at by the Division Bench on the basis of the scrutiny of documents that the dispute is embedded with regard to the possession of the land because the fundamental claim pertains to certain constructed space on the land and, therefore, it would conceptually fall within the conception of "suit for land" appearing in Clause 12 of the Letters Patent held to be unexceptionable - Prayer seeks restraint by a temporary order or injunction from entering upon the property - It is difficult to accept the submission that it is a money claim and, therefore, the Bombay High Court would also have the territorial jurisdiction repelled.

The Code of Civil Procedure, 1908  - Section 6 , Section 17 , Section 20 , Section 120

Letters Patent of the High Court Judicature of Bombay, Clause 12 - Original Jurisdiction to Suits - Letters Patent - Suit for land - Held that Section 120 of the Sections 16, 17 and 20 CPCare not applicable to the High Court in original civil jurisdiction - As far as the Bombay High Court is concerned, it is Clause 12 of the Letters Patent that would govern the controversy.

Topic(s)-Original Jurisdiction to Suits - Letters Patent - Arbitration - Law clarified