Supreme Court of India · 1988-04-22
MADHO S/o SHRIHARI DESHPANDE vs MADHAO S/o TRIMBAK DHARMADHIKAREE
- Citation / case number
- SC 1988/70796
- Court
- Supreme Court of India
- Petitioner
- MADHO S/o SHRIHARI DESHPANDE
- Respondent
- MADHAO S/o TRIMBAK DHARMADHIKAREE
- Bench
- MUKHARJI, SABYASACHI (J)
Judgment text excerpt
The Supreme Court held that the Nagpur Court had jurisdiction to entertain the suit as part of the dispute was within its jurisdiction, supported by Section 2(c) of the Arbitration Act, 1940. The Court found that the Civil Judge's order to return the award for presentation to the proper Court was erroneous under Sections 17 and 20 of the Code of Civil Procedure. Consequently, the Court set aside the orders of both the Civil Judge and the High Court, directing the Civil Judge to proceed with the objections to the award expeditiously.