INDIAN INDUSTRIAL GROWTH FUND LIMITED Vs. ANITHA NESANURU

JUDGEMENT

(1.) Respondents 1 and 2 filed A.O.P.No.38 of 2010 in the Court of the IV Additional District Judge, Tirupathi under Section 9 (II) (b) (d) and (e) of the Arbitration and Conciliation Act, 1996 (for short 'the Act'), for interim measures. It was pleaded that there existed three agreements between them and the appellant, on the one hand, and the appellant and respondents 3 and 4, on the other, in relation to business transaction, and that though a request was made for appointment of an Arbitrator, for resolution of the disputes, there was no positive response. With this and other contentions, respondents 1 and 2 wanted the trial Court

(2.) On receiving the notices in the A.O.P., the appellant filed counter, raising an objection as to the jurisdiction, apart from opposing the case on merits. According to it, the agreements provided for the arbitration, and that the place of arbitration is agreed to be at Mumbai, and in that view of the matter, the trial Court does not have jurisdiction. Through an order, dated 04-06-2012, the trial Court allowed the A.O.P. Hence, this appeal.

(3.) Heard learned counsel for the appellant and the learned counsel for respondents 1 and 2.