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Avinash Gokhale (Owner)     02 September 2011

Jurisdiction of court to challenge of arbitration award

Arbitration Award is Passed in Mumbai - Whether Such Award can be challanged in Pune Court under Arbitation Act



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 6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 September 2011

No. Mumbi Court has got no jurisdiction to entertain, try and decide the desired litigation.

Avinash Gokhale (Owner)     02 September 2011

Can you elaborate. To which court jurisdiction you intend to say " No " , Whether Mumbai Court has No Jurisdiction where Award is Passed or Pune Court Where Award is Challanged.. If you intend to say Pune court has Jurisdiction to decide such challange , please give reasoned opinion. 

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     02 September 2011

ONLY MUMBAI COURTS HAVE JURISDICTION TO TRY AND SET ASIDE THE AWARD. PUNE COURTS HAVE NO TERRITORIAL JURISDICTION

REGARDS

RAJIV BHASIN ADVOCATE

MANAGING PARTNER

BHASIN & ASSOCIATES

9811210505, 9868635640

DIVYAA (STUDENT)     03 September 2011

As per section 42 of the Arbitration & Conciliation ACT,1996 :

 

42.Jurisdiction.- Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in force, where with respect to an arbitration agreement any application under this Part has been made in a Court, that Court alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of that agreement and the arbitral proceedings shall be made in that Court and in no other Court.

Rajender Dahiya (Partner/Advocate)     04 September 2011

if awared is passed in Mumbai, you can challenge the same in Mumbai. But if award has been executed in Pune then you should challenge it in Pune..... that waht act says....

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 January 2012

First of all why PUNE, there has to be some reasons for it. If cause ot action or part of it is at Pune than only there may be possibility.

 

Regarding section 42 quoted by DIVYA ,it will be opretive only after first  motion is admitted.


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