MADHO S/O SHRIHARI DESHPANDE versus MADHAO S/O TRIMBAK DHARMADHIKAREE

MADHO S/O SHRIHARI DESHPANDE versus MADHAO S/O TRIMBAK DHARMADHIKAREE

Nagpur Civil Court has jurisdiction over the matter since part of the subject matter of dispute (property at Nagpur) falls within its territorial limits; both Section 2(c) of the Arbitration Act and Sections 17 and 20 of the Code of Civil Procedure support this.

Parties
Petitioner: MADHO S/o SHRIHARI DESHPANDE; Respondent: MADHAO S/o TRIMBAK DHARMADHIKAREE
Jurisdiction
India
Judgment Date
22 April 1988
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave
Outcome
Appeal allowed
Legal Topics
Jurisdiction, Filing of Arbitral Award
Civil Procedure Arbitration Jurisdiction Filing of Arbitral Award

Case Brief

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Parties

MADHO S/o SHRIHARI DESHPANDE

Petitioner

MADHAO S/o TRIMBAK DHARMADHIKAREE

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Whether the Nagpur Civil Court had jurisdiction to entertain the objection to the arbitral award given most properties were at Warora, Chandrapur and only a bit at Nagpur.

Ratio Decidendi

Nagpur Civil Court has jurisdiction over the matter since part of the subject matter of dispute (property at Nagpur) falls within its territorial limits; both Section 2(c) of the Arbitration Act and Sections 17 and 20 of the Code of Civil Procedure support this.

Court Disposition

Appeal allowed

Orders

  • Orders of the Civil Judge and Bombay High Court are set aside.
  • Civil Judge to proceed with the objection to the award filed in his Court at Nagpur and dispose it of as quickly as possible.