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Supreme Court of India 2022-07-22 allowed

General Manager East Coast Railway Rail Sadan & Anr vs Hindustan Construction Co. Ltd

Bench: 2 — M. R. Shah, B. V. Nagarathna

In Brief

In this appeal, the Supreme Court examined whether the High Court of Orissa at Cuttack had jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration Act when the claimant had earlier initiated proceedings under Section 9 before a Court at Visakhapatnam. The Court held that Section 42 of the Arbitration Act vests exclusive jurisdiction in the Court where the first application is filed; all subsequent applications must be made to the same Court. The High Court of Orissa therefore lacked jurisdiction. The Court quashed the appointment order and directed the claimant to file a fresh application before the competent High Court of Andhra Pradesh at Amaravati within four weeks.

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Arbitration and Conciliation Jurisdiction Civil Procedure Section 11(6) Applications Section 42 Jurisdiction

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