HAKAM SINGH versus M/S. GAMMON (INDIA) LTD.

HAKAM SINGH versus M/S. GAMMON (INDIA) LTD.

Since courts at Bombay had jurisdiction under the Code of Civil Procedure, the agreement between the parties restricting jurisdiction to courts in Bombay is binding. Explanation II to s. 20(a) of the Code applied to companies registered under the Indian Companies Act.

Parties
Appellant: Hakam Singh; Respondent: Gammon (India) Ltd.
Jurisdiction
India
Judgment Date
08 January 1971
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Special Leave
Outcome
Appeal dismissed with costs
Legal Topics
Jurisdiction, Arbitration Agreements, Public Policy, Contractual Restrictions, Corporations Under CPC
Contract Law Civil Procedure Arbitration Jurisdiction Arbitration Agreements Public Policy Contractual Restrictions Corporations Under CPC

Case Brief

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Parties

Hakam Singh

Appellant

Gammon (India) Ltd.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether Bombay courts alone had jurisdiction over the dispute under the arbitration agreement
  2. 2 Whether Explanation II to s. 20(a) of the Code of Civil Procedure applies to companies registered under the Indian Companies Act or only to statutory corporations

Ratio Decidendi

Since courts at Bombay had jurisdiction under the Code of Civil Procedure, the agreement between the parties restricting jurisdiction to courts in Bombay is binding. Explanation II to s. 20(a) of the Code applied to companies registered under the Indian Companies Act.

Court Disposition

Appeal dismissed with costs

Orders

  • Petition to file the arbitration agreement cannot be entertained at Varanasi and is to be returned for presentation to the proper court in Bombay