Arbitration and Conciliation Act, 1996
Sections 11(6) & 42—Appointment of arbitrator by the High Court of Orissa at Cuttack—Appeal—Jurisdiction of Court—Respondent-Original claimant initiated proceeding under Section 9 of the Arbitration Act before ADJ, Visakhapatnam—Thereafter the respondent filed petition under Section 11(6) of the Act seeking appointment of an arbitrator before the Orissa High Court at Cuttack—Application was opposed by appellants relying upon Section 42 of the Act stating that the petition shall lie before the High Court of Andhra Pradesh at Amaravati—It is not in dispute that before filing an application under Section 11(6) of the Act before the High Court of Orissa at Cuttack, the respondent/claimant moved an application before the Court at Visakhapatnam under Section 9 of the Act—In view of Section 42 of the Act the High Court of Andhra Pradesh at Hyderabad alone would have jurisdiction to decide the subsequent application arising out of the contract agreement and further arbitral proceedings shall have to be made in the High Court of Andhra Pradesh at Amravati alone—Impugned judgment and order passed by the High Court of Orissa at Cuttack appointing sole arbitrator is quashed—Appeal allowed.
[Paras 6 & 7]
Decision : Appeal allowed