Lawstreet Journal

Orissa HC Refuses to Entertain Petition U/S 11(6) Of A&C Act 1966, Says It Does Not Have Territorial Jurisdiction

Lawstreet Journal 15 Oct 2020 1:44am

Image courtesy: Lawstreet Journal Judiciary Orissa HC Refuses to Entertain Petition U/S 11(6) Of A&C Act 1966, Says It Does Not Have Territorial Jurisdiction

An application was filed in Orissa High Court, under section 11(6) of the Arbitration and Conciliation Act, 1966 by M/s. SJ Biz Solutions Pvt. Ltd (Petitioner) seeking appointment of an independent arbitrator to arbitrate the disputes between the petitioner and the M/s. Sany Heavy Industry India Pvt. Ltd. (Opposite party). 

On 1st October, Thursday, the court denied entertaining the petition stating that it does not have territorial jurisdiction. 


Background of the case

The petitioner approached the opposite party for a dealership in the State of Odisha. Accordingly, a dealership agreement was entered into between the parties in January 2014, initially for a period of one year and it was further renewed in the year 2014, 2015, and 2016, each time for a period of one year. Lastly, the contract was extended on 01.01.2017 for a period of one year till 31.12.2017. Pursuant to the agreement, the petitioner submitted Bank Guarantee for a sum of Rs.25,00,000/- (Rupees Twenty-five Lakh) drawn in the Bank of Baroda in favor of the opposite party. Even as the dealership agreement was subsisting, the opposite party without any rhyme or reason, and without any notice to that effect, illegally terminated the agreement on 04.09.2017, much prior to the expiry of the period.

The opposite party did not even pay the legitimate dues of the petitioner. The representatives of the petitioner met the opposite party to discuss the pending issues. The minutes of the meeting were drawn up for full and final settlement of dues for resolution of all the issues.… Continue Reading...

Tagged: Orissa High Court  
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