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september 2014

Supreme Court of India · 2014-09-10

S.Balachandran vs M/S Ramaniyam Real Estates Ltd

Court
Supreme Court of India
Petitioner
S.Balachandran
Respondent
M/S Ramaniyam Real Estates Ltd
Author
R.F. Nariman
Bench
R.F. Nariman, Kurian Joseph, R.M. Lodha

Judgment text excerpt

The Supreme Court referred the question of jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 to a larger bench, clarifying that the Principal Civil Court, as defined in Section 2(e), is typically the appropriate forum for such applications. However, the court acknowledged the relevance of Section 42, which may grant jurisdiction to the Calcutta High Court due to prior interim orders under Section 9. The court's holding emphasizes the need for a definitive ruling on jurisdictional issues arising from conflicting interpretations in previous judgments.

S.Balachandran vs M/S Ramaniyam Real Estates Ltd · Niyam