Supreme Court · 2013 INSC 422 · Decided 3 July 2013
M/S. Swastik Gases P. LTD. v. Indian Oil CORP. LTD.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 422 · [2013] 7 S.C.R. 581
- Case number
- CIVIL APPEAL No. 5086/2013
- Decided
- 3 July 2013
- Bench
- RAJENDRA MAL LODHA, MADAN B. LOKUR, KURIAN JOSEPH (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 23, 28, 2; Arbitration Act Section 11, 11(12)(b)
Headnote
Arbitration and Conciliation Act, 1996: A B s. 11 - Application for appointment of arbitrator - • C Territorial jurisdiction - Jurisdiction clause in agreement specifying the court - Held: Where the contract specifies the jurisdiction of the courts at a particular place and such courts with the matter, an inference may be drawn that parties intended to exclude all other courts - A D clause like this is not hit by s. 23 of the Contract Act - Such a clause is neither forbidden by law nor it is against the public policy - It does not offend s. 28 of the Contract Act in any manner
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