Arbitration

Querist : Anonymous (Querist) 17 July 2010 This query is : Resolved
In a case wher PARTIES ARE from two differrent location enters in a agreement at DELHI for a property which is situated at GHAZIABAD and mentioning in arbitration clause THAT the place of arbitration proceedings SHALL BE HISSAR and the jurisdiction of CHANDIGARH court shall have exclusive jurisdiction due to common branch office of both parties.

Kindly answer these questions?
1. where should we file application for section 9 and thereafter for sec.11?

2. Whether the CHANDIGARH COURT can be a place for interpretation of agreement?
3. Whether the court where document was executed can entertain ANY APPLICATION OR PETITION?

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Chanchal Nag Chowdhury (Expert) 17 July 2010
Suits relating to land must be filed where the land is situated. It is immaterial where the contract was entered into or where the arbitration was held. Even court proceedings relating to arbitration will have to be filed in the said court. All other courts lack inherent jurisdiction,
Remember--A right order passed by a wrong court is non est whereas even a wrong order passed by a right court is binding.

Parveen Kr. Aggarwal (Expert) 17 July 2010
The parties may choose the place of litigation by restricting jurisdiction of any one or more courts out of the courts having jurisdiction but the parties by agreement cannot confer jurisdiction on a court not having jurisdiction over a matter.

S. Bharath (Expert) 17 July 2010
Praveen has the right answer for your Question No. 2, whereas Chanchal answers your Q. No. 1. You need to approach the principal court of original civil jurisdiction [generally the District Court] which exercises jurisdiction over Ghaziabad, for your petition under Sec. 9. For your petition under Section 11, you need to go to the High Court which exercises jurisdiction over Ghaziabad.

Devajyoti Barman (Expert) 17 July 2010
The consent other can not create jurisdiction of a court which that court otherwise lacks.
For arbitration proceedings the Chandigarh court will have jurisdiction but not for any other civil suit.

pawan sharma (Expert) 23 July 2010
i. once an Arbitration cl. in a document the court have no jurisdiction as the plantiff have a alternative remady.
ii. Go for an Arbitration.

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