UNION OF INDIA Vs. PUSHKARRAJ CONSTRUCTION (P) LTD.

JUDGEMENT

(1.) The present petition invoking the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India has been filed challenging the order dtd. 18/7/2022 passed by the Additional District Judge, Porbandar in rejecting the application under Sec. 34 of the Arbitration and Conciliation Act, 1996 read with Order XLI of the Code of Civil Procedure seeking to challenge the arbitral award dtd. 24/10/2018 for want of jurisdiction. It is opined by the concerned Court that there was no reference by the Court at Porbandar in any judicial proceedings relegating the parties to the arbitral proceedings, rather the parties themselves went in for arbitration.

(2.) Further, Sec. 10(3) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 has been referred by the Commercial Court to note that the Commercial Court exercising territorial jurisdiction over such arbitration where such commercial court has been constituted, shall have jurisdiction to hear and dispose of all applications or appeals arising out of such arbitration. It was opined that since the arbitration proceedings were not held at Porbandar, Gujarat and the dispute has not been referred by any judicial authority of Porbandar, Gujarat, the Courts at Porbandar would not have the jurisdiction to examine the validity of the impugned award.

(3.) As regards the plea of the petitioner herein relying upon clause 72 of the contract about the jurisdiction of the civil court to decide any dispute arising out of or in respect of the contract, it was opined that the place/venue of the arbitration proceeding was Chandigarh and hence, the Court at Porbandar would have no jurisdiction to set aside the impugned award. The application under Sec. 34 , as noted hereinabove, has, thus, been dismissed on the ground of lack of jurisdiction.