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august 2018

Supreme Court of India · 2018-08-20

M/S EMKAY GLOBAL FINANCIAL SERVICES LTD. vs GINDHAR SONDHI

Citation / case number
SC 2017/38199
Court
Supreme Court of India
Petitioner
M/S EMKAY GLOBAL FINANCIAL SERVICES LTD.
Respondent
GINDHAR SONDHI
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court addressed the jurisdictional issues arising from an arbitration agreement between a registered broker and its client under the Depositories Act, 1996 and the National Stock Exchange bye-laws. The Court held that the exclusive jurisdiction clause in the agreement mandated that disputes be resolved in Mumbai, thus invalidating the arbitration proceedings conducted in Delhi. The Court emphasized that the arbitration must adhere to the agreed jurisdiction, reinforcing the principle that parties are bound by their contractual terms regarding jurisdiction.

M/S EMKAY GLOBAL FINANCIAL SERVICES LTD. vs GINDHAR SONDHI · Niyam