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Supreme Court of India 2022-07-06 dismissed

Neilan International Co. Limited vs Powerica Limited and Others

Bench: 1 — <UNKNOWN>

In Brief

Neilan International sought to transfer arbitration proceedings under Section 34 of the Arbitration and Conciliation Act from the Bengaluru Commercial Court to the Mumbai High Court, arguing that the Bengaluru court lacked territorial jurisdiction. The Supreme Court held that questions of territorial jurisdiction must be raised before the court where proceedings are actually pending, not in transfer petitions before the Supreme Court itself. The Court's jurisdiction under Section 25 of the Code of Civil Procedure has limited scope and cannot extend to adjudicating questions of jurisdiction. The transfer petition was accordingly dismissed.

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Arbitration Jurisdiction Civil Procedure Transfer of Cases International Commercial Arbitration

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