Arbitration
Dushyant Krishnamurthy
(Querist) 27 October 2015
This query is : Resolved
If an arbitration award has been passed by a district court in delhi, will the application to repeal against it passed in a court in Bangalore be permissible or not?
R.K Nanda
(Expert) 27 October 2015
state full facts.
Advocate Bhartesh goyal
(Expert) 27 October 2015
Award passed by Delhi Court can only be challenged at Delhi and not any other place.
Anupam Lahiri
(Expert) 27 October 2015
Dushyant Ji,
There is no concept of repeal of arbitral award also there is no appeal also. Sec 34 of the Arbitration & Conciliation Act, 1996 provides a limited ground for setting aside the award.
The proper court in this case is the District Court in Delhi. District Court in Bangalore has no jurisdiction to entertain the set aside procedure.
R.K Nanda
(Expert) 27 October 2015
in which type of case award has been passed by delhi district court?
Rajendra K Goyal
(Expert) 28 October 2015
Query lacks information and material facts, please state relevant facts.
alexander
(Expert) 28 October 2015
Give a background summary of this arbitration case. . How did it land up before the District Court. Delhi District Court would try the cases under its territorial jurisdiction.District court would have dealt with the case as a civil case. Without full details it is difficult to conjecture what the queris/ Author expects from this forun
T. Kalaiselvan, Advocate
(Expert) 01 November 2015
Well advised by experts, the author may throw light on the queries raised.
Anupam Lahiri
(Expert) 02 November 2015
Dear Experts,
In my opinion the case is very simple. There may be two possible cases:
No 1: The original case was a civil suit in Delhi High Court which was referred to arbitration u/s 89 of CPC. Now the award of the arbitration is under challenge.
No 2: There was an arbitration agreement between two parties. u/s 11 of Arbitration Act Delhi High court appointed arbitrators. The arbitral award is now under challenge.
In both the possibilities, the only recourse is to file an application u/s 34 of Arbitration Act. The proper court is Delhi Civil Court. Court at Bangalore has no jurisdiction.
