SUMER BUILDERS PVT. LTD. versus NARENDRA GORAN!

SUMER BUILDERS PVT. LTD. versus NARENDRA GORAN!

Applying Clause 12 of the Letters Patent, reliefs sought under Section 9 of the Arbitration and Conciliation Act, 1996 involve restraining entry and interference with possession of land situated in Indore; thus, the dispute is a 'suit for land' and territorial jurisdiction lies where the land is situated, not before Bombay High Court.

Parties
Appellant: Sumer Builders Pvt. Ltd.; Respondent: Narendra Gorani
Jurisdiction
India
Judgment Date
15 October 2015
Procedural Posture
Civil Appeal / Appeal From Division Bench of High Court at Bombay
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Suit for Land, Arbitration Proceedings, Revocation of Leave
Civil Procedure Arbitration Property Law Jurisdiction Suit for Land Arbitration Proceedings Revocation of Leave

Case Brief

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Parties

Sumer Builders Pvt. Ltd.

Appellant

Narendra Gorani

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench of High Court at Bombay

Legal Issues

  1. 1 Whether Bombay High Court has territorial jurisdiction to entertain a Section 9 Arbitration petition when the dispute pertains to possession of land situated at Indore.
  2. 2 Whether the application under Section 9 of the Arbitration and Conciliation Act, 1996 constitutes a 'suit for land' under Clause 12 of the Letters Patent.

Ratio Decidendi

Applying Clause 12 of the Letters Patent, reliefs sought under Section 9 of the Arbitration and Conciliation Act, 1996 involve restraining entry and interference with possession of land situated in Indore; thus, the dispute is a 'suit for land' and territorial jurisdiction lies where the land is situated, not before Bombay High Court.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs