Can you file Section 11(6) Petition in HC at State-A when the claimant has previously filed Section 9 Petition in State-B?

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Shubham Budhiraja[1]

A and B enters into a contract wherein dispute arose and A filed section 9 petition at Court at Vishakhapatnam seeking injunction against bank guarantee and forfeiture of security deposit and same was allowed. Thereafter, A sent letter to B seeking appointment of arbitrator and arbitrator was appointed by A. B questioned the validity of appointment and filed Section 11(6) petition in High Court of Orissa. A opposed the application relying upon section 42 of the act stating section 11(6) should have lied before High Court of Andhra Pradesh because section 9 petition was filed at Vishakhapatnam. However, High Court of Orissa allowed section 11(6) and appointed the arbitrator. Hon’ble Supreme Court setting aside the High Court order held that in that view of the matter considering Section 42 of the Arbitration Act, the High Court of Andhra Pradesh alone   would   have   jurisdiction   to   decide   the   subsequent applications   arising   out   of   the   Contract   Agreement   and   the further arbitral proceedings shall have to be made in the High court of Andhra Pradesh alone and in no other[2].


[1] Advocate, Delhi High Court , Budhirajalawchambers@gmail.com

[2] General Manager East Coast  Railway Rail Sadan & Anr v. Hindustan Construction Co. Ltd CIVIL APPEAL NO. 4747 of 2022, Judgment dated 22/07/2022

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