The action arises in Allahabad there is agreement in Kanpur because the arbitrator was situated in Allahabad and the action arises over there only so the Allahabad Civil Court will be the jurisdiction in this case
Jurisdiction of court
In 1994, a contract was signed between us and Northern Railway in his office in Kanpur. Monitoring of work and payment of work done was also done from Kanpur. In the year 1996, the Railway rescinded the contract without any prior notice. On the request of the Railway Honorable Allahabad High Court, appointed a railway officer as Arbitrator, whose office was in Allahabad, so the arbitration took place there and the award was also there. Since the award was contrary to my demand, I requested for the cancellation of the award in the District Judge Kanpur Court under Section 34, which is currently pending in question of jurisdiction of court. Now I want to know that which court has jurisdiction Kanpur court where cause of action arise or Allahabad where arbitration performed. I am in favour of Kanpur Court. I’m very thankful to you if you please provide latest case laws of SC and Ald H C. Thanking You! Yours Faithfully Suresh Trivedi [deleted].
Asked 6 years ago in Business Law
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11 Answers
Application for setting aside award should be filed in Allahabad as arbitration was done in Allahabad and award passed in Allahabad
Court having jurisdiction over the Seat of arbitration process shall be the competent court for this purpose.
You may refer the BALCO judgement of SC.
Well the kanpur court has jurisdiction and hence the case is pending there. Allahabad would be the place where the arbitration was done because the seat of arbitration was decided by the parties.
Kanpur court - agreement executed there, cause of action arise there.
If Seat of arbitration mention in agreement than court of that place shall have exclusive jurisdiction otherwise Kanpur Court.
Suresh,
You can perform the task in Kanpur court where the contract is signed and performed all duties.
If require any citations I can provide you.
If the cause of action took place in Kanpur then you may have to approach the district courts b Kanpur.
In Allahabad, there was an arbitration proceedings took place which was not acceptable to you, hence if you would like to conduct the case then it can be conducted in Kanpur or if you would like top prefer an appeal then you may have to approach the high court whichever jurisdiction this may fall.
Ans: Arbitration is to be conducted where the contract was signed and accordingly, the parties are to abide by it.
Since, the agreement was signed in Kanpur the parties are to seek reliefs before the Kanpur civil court.
MMTC Ltd. v. M/s Vedanta Ltd. (Civil Appeal No. 1862/2014)
1. The party desiring to have the award set aside must make an application to the court under which an award can be challenged on the grounds mentioned in section 34 of the Act.
2. So the appellate court will be District court of Allahabad.
as a arbitration was done in Allahabad you may approach the Allahabad court.
Yes kanpur will be the jurisdiction. But you have choice of allahabad too
