-
Supreme Court considers the meaning of "Court" under
Section 2 (1) (e) of the Arbitration and Conciliation Act,
1996.
-
Supreme Court considers where petition will lie when both the
contesting petitions are filed on the same day with courts having
concurrent jurisdiction.
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Supreme Court holds that when a Section 34 petition is
simultaneously filed in a District court and a High Court the High
Court having ordinary original civil side jurisdiction will have
primacy to hear the petition.
INTRODUCTION
The Supreme Court ("SC") in its
recent judgment of Executive Engineer, Road Development
Division No.III, Panvel & Anr. v Atlanta
Limited1 has analysed the definition of
"Court" to determine which court would hear challenges to
an arbitral award (or arbitral agreement, or arbitral proceeding)
where jurisdiction lies with more than one court and the parties
initiate proceedings in multiple courts simultaneously.
