TMI Blog2022 (7) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... ion under Section 11(6) of the Act and has appointed the sole arbitrator by observing that since the appellants East Coast Railway, in principle, has not opposed the appointment of an arbitrator, there is little purpose served in relegating the original petitioner to the concerned High Court as that will only delay the adjudication of the disputes. The appellants might not have opposed the appointment of an arbitrator (though the fresh appointment of an Arbitrator was also opposed by the appellants herein) by that itself it will not confer the jurisdiction upon the High Court if otherwise, the High Court had no jurisdiction. It is not in dispute that before filing an application under Section 11(6) of the Act before the High Court of O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cuttack in Arbitration Petition No.10 of 2021 by which the High Court in exercise of powers under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act ) has appointed an Arbitrator to adjudicate the dispute between the parties, the original informant General Manager, East Coast Railway Rail Sadan and Anr., have preferred the present appeal. 2. As such the dispute in the present appeal is in a very narrow compass. 3. The dispute arose between the appellant and the respondent with respect to the contract/agreement dated 29.11.2018. That the respondent herein original claimant initiated the proceedings under Section 9 of the Arbitration Act before the learned Additional District Judge, Visa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act shall lie before the High Court of Andhra Pradesh at Amaravati as the respondent itself earlier filed Section 9 application before the Court at Vishakhapatnam. It was also submitted on behalf of the appellants that procedure dated 16.11.2016 upon which reliance has been placed by the respondent was superseded by GCC issued by Railway Board in November, 2018. Despite the above jurisdictional issue raised and without addressing on the jurisdiction of the Orissa High Court, by the impugned judgment and order the High Court of Orissa at Cuttack has appointed the Arbitrator solely by observing that since the appellant, East Coast Railways in principle, is not opposing the appointment of an Arbitrator there is little purpose served in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Railway, in principle, has not opposed the appointment of an arbitrator, there is little purpose served in relegating the original petitioner to the concerned High Court as that will only delay the adjudication of the disputes. The appellants might not have opposed the appointment of an arbitrator (though the fresh appointment of an Arbitrator was also opposed by the appellants herein) by that itself it will not confer the jurisdiction upon the High Court if otherwise, the High Court had no jurisdiction. 7. Heavy reliance is/was placed on Section 42 of the Arbitration and Conciliation Act, 1996 which reads as under: 42. Jurisdiction. Notwithstanding anything contained elsewhere in this Part or in any other law for the time being in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urisdiction to entertain the application under Section 11(6) of the Act with respect to the contract agreement for which the respondent claimant earlier initiated the arbitration proceedings under Section 9 of the Arbitration Act in the Court at Vishakhapatnam. Present Appeal is accordingly Allowed. However, it is observed that it will be open for the respondent claimant to submit/move an application under Section 11(6) of the Act before the competent High Court having jurisdiction namely the High Court of Andhra Pradesh at Amaravati and if such an application is made before the High Court of Andhra Pradesh at Amaravati within a period of four weeks from today, the same be dealt with and considered in accordance with law and on its own meri ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
