Jurisdiction for arbitration
Santosh S. Avhad
(Querist) 20 July 2012
This query is : Resolved
Sir,
The applicant has filed arbitration application along with statement of claim against the financial company as per the byelaws of the Depository namely Central Depository services (India) Ltd. (CDSL)at mumbai after completing the necessary formalities of appointment of arbitrator with the consent of the parties at mumbai. The arbitration award goes against the applicant. Now, he filed the arbitration petition before the district judge pune at pune under section 34 of Arbitration and Conciliation Act, 1996 with prayer that the set aside the impunged order.
Pls inform/advice for the jurisdiction point for filing the objection. whether it is proper jurisdiction or not. it is correct then under what provision or not then also under what provision. pls submit any authority or judgement.
Devajyoti Barman
(Expert) 21 July 2012
Setting aside application will have to be filed in the same place where the arbitration proceeding was held and the award was passed.
The Pune court has no jurisdiction.
File petition in the said court to return the application to be filed before the Mumbai court.
JANAK RAJ VATSA
(Expert) 21 July 2012
there is also a time limit within which the award can be petitioned for set aside.
Santosh S. Avhad
(Querist) 21 July 2012
Thanks but pls provide me any judgement or authority in support of my arguments or to satisfied to the pune judge.
