C. S. RAVISHANKAR Vs. C. K. RAVISHANKAR

JUDGEMENT

(1.) Respondents having suffered a Preliminary award dtd. 30/7/2020 have filed Com.AP.No.71/2020 laying a challenge thereto before the Court of LXXXII Addl. City Civil & Sessions Judge, Bengaluru (CCH-83). Petitioner opposed the same inter alia on the ground of lack of territorial jurisdiction, in view of Sec.42 of the Arbitration & Conciliation Act, 1996. Learned Judge of the Court below having heard both the parties has handed the impugned order dtd. 10/12/2020 holding that his court has got territorial jurisdiction. Learned counsel appearing for the petitioners seek to falter the same pressing into service the Apex Court decision in BBR (INDIA) PRIVATE LIMITED vs. S.P.SINGLA CONSTRUCTIONS PRIVATE LIMITED, (2023) 1 SCC 693.

(2.) After service of notice, the respondents having entered appearance through their advocates oppose the petition making submission in justification of the impugned order and the reasons on which it has been founded. Learned Sr. Advocate appearing for respondents nos. 1, 2

(3.) and 6 contends that ordinarily territorial jurisdiction unlike that of subject matter or pecuniary one does not go to root of the matter; if at all petitioner is aggrieved, he can reserve his right to make the impugned order one of the grounds if & when he suffers an adverse outcome in the matter pending before the court below. 3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is of the opinion that the question raised in the petition is no longer res integra, the same having been answered by the Apex Court BBR INDIA supra. In all fairness learned Advocates appearing for the other side although at the beginning opposed the petition vociferously, now with grace agree with the submission made on behalf of the petitioners. In view of that much deliberation in the matter is not warranted. Suffice it to say, that the subject case presently at the hands of learned LXXXII Addl. City Civil Judge needs to be tried & disposed off at the hands of his counterpart at Mandya. Learned Sr. Advocate appearing for the respondents submits that the Court at Bengaluru be directed to transfer the case papers to the Court at Mandya.