Supreme Court of India · 1999-02-17
F C I vs M/S.EVDOMEN CORPORATION
- Citation / case number
- SC 1997/12857
- Court
- Supreme Court of India
- Petitioner
- F C I
- Respondent
- M/S.EVDOMEN CORPORATION
- Author
- R.C.Lahoti. Sujata V. Manohar
- Bench
- R.C.Lahoti. Sujata V. Manohar
Judgment text excerpt
The Supreme Court ruled that the Bombay High Court lacked jurisdiction to entertain the arbitration award under the Arbitration Act, 1940, specifically citing Section 2(c) and Section 31(1). The Court emphasized that jurisdiction is determined by Section 20 of the Civil Procedure Code, which states that a suit must be instituted where the defendant resides or where the cause of action arises. Since no part of the cause of action arose within the jurisdiction of the Bombay High Court, the Court held that the impugned judgment was incorrect and the appeal was allowed, thereby setting aside the High Court's decision.