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july 2013

Supreme Court of India · 2013-07-03

M/S SWASTIK GASES P.LTD. vs INDIAN OIL CORP.LTD.

Citation / case number
SC 2012/4515
Court
Supreme Court of India
Petitioner
M/S SWASTIK GASES P.LTD.
Respondent
INDIAN OIL CORP.LTD.
Author
R.M. LODHA
Bench
R.M. LODHA,MADAN B. LOKUR,KURIAN JOSEPH

Judgment text excerpt

The Supreme Court addressed the issue of jurisdiction under the Arbitration and Conciliation Act, 1996, specifically Section 11, in the context of a consignment agency agreement. The Court held that the jurisdiction clause in the agreement, which designated the Calcutta High Court as the exclusive jurisdiction, must be honored, thereby ruling that the Rajasthan High Court lacked jurisdiction to appoint an arbitrator. Consequently, the appeal was dismissed, affirming the lower court's decision regarding jurisdiction.

M/S SWASTIK GASES P.LTD. vs INDIAN OIL CORP.LTD. · Niyam