Bombay High Court
M/S Devi Rajeshwari Traders, ... vs The Unit Head Bilt Graphics Paper ... on 7 October, 2022
Bench: Avinash G. Gharote
1 45.MCA.355-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
MISC. CIVIL APPLICATION (ARBN) NO. 355 OF 2021
( M/s Devi Rajeshwari Traders, Ballapur
Vs.
The Unit Head Bilt Graphics Paper Product Ltd. Ballarpur & Anr. )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Ms. Priyanka Mane, Advocate h/f Mr. Raju Kadu, Advocate for the
Applicant.
Mr. A.A. Naik, Advocate for the Non-applicants.
CORAM: AVINASH G. GHAROTE, J.
DATED : 07th OCTOBER, 2022.
Heard Ms. Mane, learned counsel for the
applicant and Mr. Naik, learned counsel for the
non-applicants.
2. A preliminary objection is raised regarding the
maintainability to the application under Section 11 (6) of
the Arbitration and Conciliation Act, 1996 (For short the
"A & C Act"), inasmuch as, the work order dated
22.01.2020 contains an arbitration clause No. 10, which
indicates the venue to be at Delhi and clause No. 11
indicates that the work order shall be subject to the
jurisdiction of the Courts at Delhi to the exclusion of all
other Courts. For the sake of ready reference clause
Nos. 10 and 11 of the work order dated 22.01.2020 are
reproduce as under :
2 45.MCA.355-2021.odt
"10. ARBITRATION.
In the event of any dispute or controversy
or claim either arising out of or relating to
this Work Order (Dispute), the parties will
first try to settle the same amicably and if
the parties are not able to settle the same
amicably within a period of 30 days from
raising of Dispute then the same shall be
referred to sole arbitrator to be appointed
as per provisions of the Arbitration and
Conciliation Act, 1996 as amended from
time to time. The arbitration proceedings
shall be conducted under the provisions of
the Arbitration and Conciliation Act 1996
of India or any statutory enactment
thereof. The award of the Arbitrator shall
be final and binding upon the parties.
The arbitration proceedings shall be held
at the Delhi. Language of arbitration will
be English.
11. GOVERNING LAW & JURISDICTION
This Work Order shall be governed and
construed by the laws of the Republic of
India and it will be subject to the
jurisdiction of courts at Delhi to the
exclusion of all other courts."
3. Mr. Naik, learned counsel for the
non-applicants, by inviting my attention to the judgment
of the Hon'ble Apex Court in Indus Mobile Distribution
Private Limited Vs. Datawind Innovations Private Limited
and others, (2017) 7 SCC 678, specifically paras 9 and
19 submits, that once the parties have chosen Delhi as
the seat of arbitration and the Courts at Delhi to have
jurisdiction, the fact that the work order was executed at
3 45.MCA.355-2021.odt
Ballarpur and the work was carried out at Ballarpur
would not indicate the Courts which have jurisdiction
over at Ballarpur to be the Court, before which the
application under Section 11(6) of the A & C Act, would
be maintainable. Reliance is also placed on BGS SGS
SOMA JV Vs. NHPC Limited, (2020) 4 SCC 234, (para
61, 82, 97 and 98) which considers Brahmani River
Pellets Limited Vs. Kamachi Industries Limited, (2020) 5
SCC 462. It is therefore submitted, that since the clause
Nos. 10 and 11 of the work order 22.01.2020,
specifically choose Delhi as the venue as well as the seat
of arbitration, the present application under Section 11
(6) of the A & C Act, would not be maintainable.
4. Ms. Mane, learned counsel for the applicant,
seeks time to address the Court on this issue, considering
which, list the matter on 14.10.2022.
JUDGE
SD. Bhimte
