Uttarakhand High Court
ARBAP/20/2022 on 3 January, 2023
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03.01.2023 ARBAP No.20 of 2022
Hon'ble Alok Kumar Verma, J.
The present Application has been
filed under Section 34 of the Arbitration
and Conciliation Act, 1996 (hereinafter
referred to as "the Act, 1996") read with
Section 10 of the Commercial Courts,
Commercial Division and Commercial
Appellate Division of High Courts Act,
2015 in respect of an International
Commercial Arbitration. The said
Application has been filed along with an
application under Section 14 of the
Limitation Act, 1963.
2. Heard Mr. Piyush Garg, learned
counsel for the applicant.
3. The said Application has been filed
to set aside the Award dated
23.12.2016, passed by the Arbitral
Tribunal, to the extent of allowing the
claim no.3 of the respondents and
rejecting the counter claim of the
present applicant.
4. According to Mr. Piyush Garg,
Advocate, para 12 of Clause 28 of the
Contract dated 28.07.2010 stipulates
that the Arbitration shall be held at the
place from where the contract has been
awarded. However, the parties to the
contract can agree for a different place
for the convenience of all concerned. He
further submitted that in paragraph
no.29.4 of the impugned Award, it has
been held that the contract was awarded
at Dehradun (Uttarakhand), it will
remain the place of arbitration for the
purpose of sub-section (2) of Section 20
of the said Act, 1996.
5. Mr. Piyush Garg, Advocate,
submitted that the respondents have
filed an application under Section 34 of
the said Act, 1996 for setting aside the
impugned Award dated 23.12.2016
before the Hon'ble High Court of Delhi
and in the said application it has been
stated that the contract on behalf of the
respondents, herein, has been signed at
Delhi at the office of the respondents,
therefore, the Hon'ble High Court of
Delhi has exclusive jurisdiction for the
purpose of hearing and disposal of the
application, filed under Section 34 of the
said Act, 1996.
6. Learned counsel for the applicant
submitted that the seat of the arbitration
was located in Dehradun, therefore, the
court of the seat alone has jurisdiction to
entertain an application under Section 34
of the said Act, 1996.
7. In support of his submission, he has
relied upon the judgments of the Hon'ble
Supreme Court in "BGS SGS SOMA JV
vs. NHPC Limited", (2020) 4 SCC 234
and "Hindustan Construction
Company Limited vs. NHPC Limited
and Another", (2020) 4 SCC 310.
8. Mr. Piyush Garg, Advocate, further
submitted that an application under
Section 34 of the said Act, 1996 was
filed by the present applicant before the
District Judge, Dehradun. The said
application was transferred to the
Commercial Court, Dehradun. On
30.11.2021, the Commercial Court
Dehradun has returned the said
Application, filed under Section 34 of the
said Act, 1996 by the present applicant,
to file the same before the Competent
Court. Hence, the present application
has been filed before this Court with the
prayer to grant the benefit of Section 14
of the Limitation Act, 1963.
9. Having heard the submissions of
learned counsel for the applicant and in
the facts and circumstances of the case,
notice are issued to the respondents on
the application, filed by the applicant
under Section 14 of the Limitation Act,
1963.
10. Steps to be taken within two weeks.
11. List this case on 10.04.2023.
(Alok Kumar Verma, J.)
03.01.2023
Neha
