While setting aside the Madras HC order,the Hon’ble SC observed that when the parties have agreed to have the “venue” of arbitration at Bhubaneswar, the Madras HC erred in assuming the jurisdiction under Sec.11(6) of the Arbitration and Conciliation Act, 1996.Where the contract specifies the jurisdiction of the court at a particular place, only such court will have the jurisdiction to deal with the matter and parties intended to exclude all other courts.Non-use of words like “exclusive jurisdiction”, “only”, “exclusive”, “alone” is not decisive and does not make any material difference.- Hon'ble Justices R.Banumathi and A.S.Bopanna [25-07-2019]
Read the full judgment with iDRAF (Issue,Decision,Reasoning,Arguments,Facts)-https://www.legitquest.com/brahmani-river-pellets-limited-vs-kamachi-industries-limited
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Monday, July 29, 2019
BRAHMANI RIVER PELLETS LIMITED V. KAMACHI INDUSTRIES LIMITED
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