Supreme Court of India · 2009-04-17
Petine Shipping Inc.Of Monorovia vs Minerals & Metals Trading Cor.Of (I)Ltd
- Court
- Supreme Court of India
- Petitioner
- Petine Shipping Inc.Of Monorovia
- Respondent
- Minerals & Metals Trading Cor.Of (I)Ltd
- Author
- H.L. Dattu
- Bench
- H.L. Dattu, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that under Section 31(4) of the Arbitration Act, 1940, the jurisdiction of the court is determined by the parties' agreement and prior applications do not automatically confer exclusive jurisdiction to a court. The Court found that the Bombay High Court erred in dismissing the appellant's petition based solely on the previous application to the Delhi High Court, which had become infructuous. The Supreme Court allowed the appeal, asserting that the Bombay High Court could adjudicate the matter.