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M/S.Anand Granites Exports Private Ltd vs Prabhudayal Agrawal on 16 August, 2023 cites

Bbr (India) Pvt. Ltd. vs S.P. Singhla Constructions Private ... on 18 May, 2022

13.The judgment relied upon by the learned counsel for the applicant in BBR (India) (P) Ltd., v. S.P. Singla Constructions (P) Ltd., reported in 2023 1 SCC 693 has no bearing to the facts of the instant case as no part of cause of action has arisen within the jurisdiction of this Court and further 'forum non conveniens' will also deter this Court from exercising its jurisdiction in these applications. In the aforesaid decision, the Hon'ble Supreme Court has held that whenever the seat of the Arbitration is not fixed, the Court having a part of cause of action can entertain an Application under Section 9 of the Arbitration and Conciliation Act and such a Court could have control over the https://www.mhc.tn.gov.in/judis 28/34 ARB. O.P. (Com. Div.) No.215 of 2023 and O.A. No.364 of 2023 Arbitration Proceedings and would be the exclusive Court for the purpose of Section 42 of the Arbitration and Conciliation Act, 1996. But in the case on hand, no part of cause of action has arisen within the jurisdiction of this Court and even if a miniscule part of cause of action is found to have taken place within the State of Tamil Nadu after trial, the interim relief being a discretionary relief, the Forum non conveniens doctrine will deter this Court from exercising jurisdiction.
Supreme Court of India Cites 20 - Cited by 39 - A Rastogi - Full Document
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