Court in which suits to be instituted

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. Bhandari Udyog LTD vs Industrial Facilitation Council

   Supreme Court of India 20 Feb 2015 Binding (Supreme Court) Reportable (2015) 1 SCC 32 (for State of West Bengal & Ors. vs. Associated Contractors referenced in the judgment)

   Court's Decision & Legal Precedent

   An application under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside an arbitral award must be filed before the court subordinate to the same High Court that referred the matter to arbitration under Section 11. Where the arbitration was conducted within the jurisdiction of a court subordinate to one High Court, an application under Section 34 cannot be entertained by a court subordinate to a different High Court, as this would violate Section 42 of the Act and the principle of exclusive jurisdiction established through the arbitration agreement and the place of conduct of arbitration. General jurisdictional provisions of the Code of Civil Procedure (Sections 15-20) do not override this principle where an exclusive jurisdiction agreement is established.

   On this section: General jurisdictional provisions invoked by the District Court at Latur to claim jurisdiction based on residence of respondent, supply location, and place of business; held to be inapplicable when exclusive jurisdiction exists

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.