Arbitral award - Execution -Jurisdiction of court - objections to arbitral award under S.34 have been filed by respondent are pending before District Judge (Commercial Court), execution petition filed later on cannot be entertained by other Court

Citation

AIROnline 2021 Del 625

DELHI HIGH COURT

NAVIN CHAWLA , J.

CM(M) - 222 of 2021 D/- 15 - 3 - 2021

KARTIKE ENTERPRISES v. DELHI JAL BOARD

Arbitration and Conciliation Act (26 of 1996), S.36, S.34, S.42 - Arbitral award - Execution -

Jurisdiction of court - Ground that as objections to arbitral award under S.34 have been filed

by respondent are pending before District Judge (Commercial Court), execution petition filed

later on cannot be entertained by other Court - Supreme Court in its earlier binding precedent

holds that S.42 would have no application to Execution Petition filed under S. 36 of - Once

an application is made with respect to an arbitration agreement in a Court, that Court alone

shall have jurisdiction over arbitral proceedings - Mere pendency of application under S.34

of can come to no avail to respondent - Impugned order passed by District Judge dismissing

application of petitioner under S.36 liable to be set aside.

 (Para 13) 

Cases Referred Chronological Paras

(2018) 3 SCC 622

2009 SCC OnLine Del 579

2019 SCC OnLine Cal 1868

(2015) 1 SCC 32

Atlanta Ltd. (supra)

AIR 2015 Del 100

231 (2016) DLT 14

2018 SCC OnLine Del 13202

Religare Finvest Ltd. Vs. Ranjit Singh Chouhan MANU/

DE/2330/2012

ICI-SOMA JV Vs. Simplex Infrastructures Ltd. MANU/

DE/2773/2016,

A. K. Singh for Petitioner; Ms. Nandita Rao, ASC for Respondent.