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may 1961

Supreme Court of India · 1961-05-04

SETH HIRALAL PATNI vs SRI KALI NATH

Citation / case number
SC 1958/182
Court
Supreme Court of India
Petitioner
SETH HIRALAL PATNI
Respondent
SRI KALI NATH
Bench
SINHA, BHUVNESHWAR P.(CJ)

Judgment text excerpt

The Supreme Court held that a party who agrees to refer a matter to arbitration waives any objection to the territorial jurisdiction of the court, as established under Clause 12 of the Letters Patent and Sections 47 and 51 of the Code of Civil Procedure, 1908. The Court ruled that objections regarding jurisdiction must be raised in the original proceedings and cannot be contested during execution. Consequently, the appellant was estopped from challenging the jurisdiction of the Bombay High Court and the authority of the arbitrator to render the award, affirming the High Court's decree.

SETH HIRALAL PATNI vs SRI KALI NATH · Niyam