Supreme Court · 2009 INSC 1120 · Decided 9 September 2009
Balaji Coke Industry PVT. LTD. v. M/S MM Bhagwati Coke (Guj) PVT. LTD.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1120 · [2009] 14 S.C.R. 241
- Case number
- TRANSFER PETITION (CIVIL) No. 78/2009
- Decided
- 9 September 2009
- Bench
- ALTAMAS KABIR, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 9; Constitution Article 139A(2); Arbitration Act Section 9
Headnote
.Ji Constitution of India, 1950 - Article 139A(2) - Transfer petition - High Seas Sale Agreement between parties - Express clause therein that sale contract subject to Kolkata c jurisdiction - Dispute between parties - Application u/s. 9 of the Act before by respondent since part of the cause of action purportedly arose in Bhavnagar - ~ Appellant seeking transfer of application pending in Bhavnagar court to Calcutta High Court - Held: Transfer D petition to be allowed - Parties knowingly and voluntarily agreed that sale agreement subject to
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)