LAW FOR ALL

Arbitration Act Sec.2(e)(1) and sec.42 - sec.15,16 and 20 of C.P.C - Sec.24 of C.P.C- Jurisdiction - Greater Mumbai has no other principal court for Great Mumbai District except high court so it is a principal court like District court of Thane - Award was passed on arbitration agreement at Greater Mumbai for the execution of Road works at Thane District - aggrieved by award one party approached District Court of Thane and other party approached High court - Transfer petition - High court order to transfer the case to High court from District court Thane to avoid conflict opinions - Which court holds Jurisdiction over the arbitration Award whether High court Mumbai or District court Thane? leads to civil appeal - Apex court held that as per sec. 42 of Arbitration act- No proceedings in different courts not allowable - as per sec. 2 (e)(1) .. court includes High court - Transferring a case from District court Thane to the High court is legal one and appropriate - Apex court clarified that provisions of C.P.C. in respect of jurisdiction Sec.15,16 and 20 have no application in this case as it is totally governed by sec. 2 (e)(1) of Arbitration Act = Executive Engineer, Road Development Division No.III, Panvel & Anr. … Appellants Versus Atlanta Limited … Respondent = 2014 ( January - Vol - 1) Judis.nic.in/ S.C./ file name =41151