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.