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may 2025

Supreme Court of India · 2025-05-14

M/S Harcharan Dass Gupta vs Union Of India

Court
Supreme Court of India
Petitioner
M/S Harcharan Dass Gupta
Respondent
Union Of India
Author
Pamidighantam Sri Narasimha
Bench
Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court examined whether the arbitration proceedings should be conducted at Bengaluru as per the contractual agreement or at Delhi Arbitration Centre. The Karnataka High Court had held that the Delhi Arbitration Centre lacked jurisdiction, but the Supreme Court reversed this, emphasizing the overriding effect of the Micro, Small and Medium Enterprises (Development) Act, 2006 over the Arbitration and Conciliation Act, 1996. The Court restored the arbitral proceedings at the Delhi Arbitration Centre, affirming the contractual seat of arbitration. The judgment clarifies the primacy of specific statutory provisions over arbitration seat disputes in such contexts.

M/S Harcharan Dass Gupta vs Union Of India · Niyam