Supreme Court of India

General Manager East Coast Railway Rail Sadan & Anr. v. Hindustan Construction Co. Ltd.

Neutral citation
Bench M. R. Shah and B. V. Nagarathna JJ.
Decided 22 July 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the above and for the reason stated above, the present Appeal Succeeds.

Judgment, page 5

From the headnote

Arbitration and Conciliation Act, 1996 – ss.42 and 11(6) – Jurisdiction over arbitral proceedings – Competent High Court – Dispute between appellant and respondent – Respondent filed application before High Court of Orissa u/s.11(6) seeking appointment of arbitrator – Specific objection raised by appellant on entertainability and/or maintainability of the application u/s.11(6) – Placing reliance on s.42, the appellant submitted that as respondent-claimant had initiated proceedings u/s.9 in the Court at Vishakhapatnam, only the High Court of Andhra Pradesh at Amaravati would have jurisdiction…

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