SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD. versus PRAVEEN BHATIA & ORS.

SHREE BAIDYANATH AYURVED BHAWAN PVT. LTD. versus PRAVEEN BHATIA & ORS.

The parties are governed by the jurisdiction clause in their contract, which confers jurisdiction to courts at Jhansi. Accordingly, cases arising under the agreement and arbitration disputes must be transferred to the courts in Jhansi as per the contract's terms.

Parties
Petitioner: Shree Baidyanath Ayurved Bhawan Pvt. Ltd.; Respondent: Praveen Bhatia; Respondent: Ramkishan Bhatia; Respondent: Ashwani Bhatia; Respondent: Promila Bhatia; Respondent: M/s. S. Bhatia Enterprises; Respondent: Atul Saggar (Kay Pee Agencies); Respondent: Sukhraj Singh Gill Kharad; Respondent: Ravinder Singh; Respondent: Nandi Jain; Respondent: Karanveer Bhatia; Respondent: Tarvinder Bhatia; Respondent: Sanjeev Tara
Jurisdiction
India
Judgment Date
04 August 2009
Procedural Posture
Transfer Petition (civil) / Decision on Transfer Petition
Outcome
Transfer petition allowed
Legal Topics
Jurisdiction Clause in Contract, Transfer of Cases, Arbitration and Conciliation Act, 1996, Enforcement and Challenge of Arbitration Awards
Arbitration Civil Procedure Contract Jurisdiction Clause in Contract Transfer of Cases Arbitration and Conciliation Act, 1996 Enforcement and Challenge of Arbitration Awards

Case Brief

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Parties

Shree Baidyanath Ayurved Bhawan Pvt. Ltd.

Petitioner

Praveen Bhatia

Respondent

Ramkishan Bhatia

Respondent

Ashwani Bhatia

Respondent

Promila Bhatia

Respondent

M/s. S. Bhatia Enterprises

Respondent

Atul Saggar (Kay Pee Agencies)

Respondent

Sukhraj Singh Gill Kharad

Respondent

Ravinder Singh

Respondent

Nandi Jain

Respondent

Karanveer Bhatia

Respondent

Tarvinder Bhatia

Respondent

Sanjeev Tara

Respondent

Procedural Posture

Transfer Petition (civil) / Decision on Transfer Petition

Legal Issues

  1. 1 Whether jurisdiction clause in contract confers jurisdiction to courts at Jhansi for all disputes between parties
  2. 2 Whether cases arising out of the arbitration agreement should be transferred to Jhansi
  3. 3 Validity of appointments of separate arbitrators by both parties and resulting awards

Ratio Decidendi

The parties are governed by the jurisdiction clause in their contract, which confers jurisdiction to courts at Jhansi. Accordingly, cases arising under the agreement and arbitration disputes must be transferred to the courts in Jhansi as per the contract's terms.

Court Disposition

Transfer petition allowed

Orders

  • Cases mentioned in Annexure-1 to the transfer petition are directed to be transferred to the District Judge, Jhansi, who shall in turn transfer them to courts having appropriate jurisdiction
  • Court concerned should send records to the District Judge, Jhansi