About appeal jurisdiction
shah dhimant chandrakant
(Querist) 16 March 2012
This query is : Resolved
One client (respondent)had Civil Misc Application under sec.9 of Arbitration and conciliation Act,1996 at Ahmedabad Civil court during this the applicant bank transferred this case to Chennai Arbitration Court and that court had passed the judgement in favour of bank. The bank had filed the Execution Petition at Nadiad Court to recover money. The respondent wants to go for appeal. So there is confusion where he had to go for appeal at AHMEDABAD or at Chennai. Please give me reply.
adv. rajeev ( rajoo )
(Expert) 17 March 2012
Once there is an arbitration clause, civil courts have no jurisdiction.Chennai is the jurisdiction.
V R SHROFF
(Expert) 17 March 2012
Chennai will entertain appeal
ESTHERPRIYA
(Expert) 17 March 2012
Chennai alone will be the court of appeal.
niranjan
(Expert) 17 March 2012
Sec.9 is for injunction and not for deciding the dispute.The question of jurisdiction rests on arbitration clause.
