2002 (2) TMI 1315

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....0 of the Calcutta High Court on the question, whether the Calcutta High Court retains jurisdiction to entertain and decide the legality of an award passed by the arbitral tribunal? 2. The dispute centers round the "Forum Selection Clause" which was Clause 24 of the agreement to the effect. ".... The city civil court, Madras shall be the only court, which shall have jurisdiction to enforce the a....

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....ors, but the Madras High Court refused to entertain the application on the ground that the Calcutta High Court has already exercised the jurisdiction and by invoking the provisions of Section 31(4) of the Act, Madras High Court does not have any jurisdiction. Against the aforesaid judgment of the Madras High Court, the special leave petition was filed in this Court, but that stood disposed of on c....

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....his Court under Article 136 of the Constitution of India. Against the order of the Calcutta High Court appointing justice M.M. Dutt as umpire, the appellant filed special leave petition in this Court which, however, was dismissed in limine. Subsequent to the aforesaid chain of events, award having been passed and filed before the Calcutta High Court, the present appellant filed an application befo....

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....unsel placed reliance on two decisions of this Court, namely, A.B.C. Laminart Pvt. Ltd. and Anr. v. A.P. Agencies, Salem and Sant Ram & Co. v. State of Rajasthan and Ors. , So far as the first case is concerned, suffice to say, that the question of jurisdiction had been taken up as preliminary issue and the issue having been answered one way or the other, the matter had ultimately been carried to ....