Indian Oil Corporation Limited v. M/S Iqbal Motors Transport Services And ANR.




 


 
 
  
  




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1.

The applicant through instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short "1996 Act") is seeking appointment of an Arbitrator to adjudicate the dispute relating to incident of huge stock variations observed during the joint visit of IOCL packed Bitumen Depot.

2.

Mr. Amit Jhanji, Sr. Advocate for the applicant submits that respondent on one hand is pleading that CFA agreement dated 01.07.2022 was never executed and on the other hand is relying upon Clause 12 of the Agreement. In the reply, respondent has made allegations to the effect that CFA dated 01.07.2022 was not in continuation to or extension of the original contract and this agreement

was not signed or executed on 01.07.2022. It was not willfully or consciously executed.

3.

On being confronted with Para-H of preliminary submissions of the reply, Mr. Pramod Kohli, Sr. Advocate for the respondents submits that he does not press said averment and accepts existence and execution of CFA Agreement dated 01.07.2022.

4.

On the asking of Court, Mr. Amit Jhanji, Sr. Advocate expressed his inability to controvert the fact that as per Clause 12 of the CFA Agreement for all intent and purposes, with respect to proceedings under 1996 Act, the Courts at Jammu alone have jurisdiction. He submits that Clause 13 of the said agreement needs to be taken care of. Clauses 12 and 13 of the CFA agreement are reproduced as below: 0
  

 

     

  





   

  



        







       

  

       

 





  



 

       

  

 



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, 5.

From the perusal of aforesaid clauses, it is evident that Clause 12 is an independent Arbitration Agreement. It specifically provides for jurisdiction of Jammu Courts for all intent and purposes. It is undisputed that Courts at Jammu even otherwise have jurisdiction. 6.

The parties by their choice have opted to approach Courts at Jammu for all proceedings arising out of 1996 Act, thus, this Court has no jurisdiction to entertain application under Section 11 of 1996 Act. 7.

Dismissed with liberty to approach Court of Competent Jurisdiction.

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