Bombay High CourtCARBP/78/2016transfered to other courts

Colour Roof India Pvt Ltd v. Shv Energy Pvt Ltd

2016-12-20Hon'Ble Shri Justice R.D. Dhanuka1 pages

kvm 1/1 34-CARBP78.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY CIVIL APPELLATE JURISDICTION COMMERCIAL ARBITRATION PETITION NO.78 OF 2016 Colour Roof India Pvt. Ltd.

..... Petitioner

VERSUS

SHV Energy Pvt. Ltd.

..... Respondent Mr.Chetan Kapadia, a/w. Mr.Abhishek Bhadang, i/b. Consulta Juris for the Petitioner.

Mr.Karl Thamboly, a/w. Ms.Gayatri Mohapatra, Ms.Akshaya Chivilkar-Sharma, i/b.India Law for the Respondent.

CORAM : R.D. DHANUKA, J.

DATE : 20th DECEMBER, 2016 P.C.

Mr.Kapadia, learned counsel appearing for the petitioner fairly states that considering the arbitration agreement recorded in Clause 13 read with Clause 14 of the agreement dated 9th July, 2014, which was executed at Hyderabad, this court has no jurisdiction to entertain, try and dispose of this petition. He however prays that the proceedings be transferred to the appropriate court at Hyderabad. 2.

Learned counsel for the respondent has no objection if the proceedings are transferred to the appropriate court at Hyderabad. Statement is accepted. 3.

Prothonotary and Senior Master of this court is accordingly directed to transfer the papers and proceedings of this arbitration petition to the High Court of Judicature State of Telangana and Andhra Pradesh at Hyderabad expeditiously. (R.D.DHANUKA, J.)