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september 2008

Supreme Court of India · 2008-09-05

HINDUSTAN COPPER LIMITED vs M/S NICCO CORPORATION LTD.

Citation / case number
SC 2008/2916
Court
Supreme Court of India
Petitioner
HINDUSTAN COPPER LIMITED
Respondent
M/S NICCO CORPORATION LTD.
Author
Mukundakam Sharma

Judgment text excerpt

The Supreme Court upheld the decision of the Jharkhand High Court that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, challenging the maintainability of a petition under Section 34, is not maintainable before the High Court. The Court clarified that such petitions must be filed before the appropriate court as defined under Section 2(1)(e) of the Act, which includes the principal civil court of original jurisdiction. The Court dismissed the appeal, affirming the lower court's interpretation of jurisdiction under the Arbitration and Conciliation Act, 1996.

HINDUSTAN COPPER LIMITED vs M/S NICCO CORPORATION LTD. · Niyam