Bgs Sgs Soma Jv vs Nhpc Ltd. on 10 December, 2019
The
judgments of the Hon'ble Supreme Court in the cases of
Swastik Gases (P) Ltd. v. Indian Oil Corpn. Ltd. and
Brahmani River Pellets Ltd. v. Kamachi Industries
Limited (supra) read with BGS SGS Soma JV v. NHPC
Ltd. (supra) clearly indicate that when the arbitration
clause itself carries a stipulation of the nature as found
in the present case, the application for appointment of
an arbitrator can be entertained only by the Courts
pertaining to the jurisdiction indicated in the arbitration
KHUNTE
2-MCA1350.18.odt
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clause. Section 42 of the Act of 1996 has to be read and
interpreted in such a manner that it furthers the
intention of the parties as manifested in the arbitration
clause.