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TMI Blog2002 (2) TMI 1315X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, whether the Calcutta High Court retains jurisdiction to entertain and decide the legality of an award passed by the arbitral tribunal? 2. The dispute centers round the "Forum Selection Clause" which was Clause 24 of the agreement to the effect. ".... The city civil court, Madras shall be the only court, which shall have jurisdiction to enforce the arbitration award obtained un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court refused to entertain the application on the ground that the Calcutta High Court has already exercised the jurisdiction and by invoking the provisions of Section 31(4) of the Act, Madras High Court does not have any jurisdiction. Against the aforesaid judgment of the Madras High Court, the special leave petition was filed in this Court, but that stood disposed of on consent of parties. Agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 36 of the Constitution of India. Against the order of the Calcutta High Court appointing justice M.M. Dutt as umpire, the appellant filed special leave petition in this Court which, however, was dismissed in limine. Subsequent to the aforesaid chain of events, award having been passed and filed before the Calcutta High Court, the present appellant filed an application before the same, contending t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o decisions of this Court, namely, A.B.C. Laminart Pvt. Ltd. and Anr. v. A.P. Agencies, Salem and Sant Ram & Co. v. State of Rajasthan and Ors. , So far as the first case is concerned, suffice to say, that the question of jurisdiction had been taken up as preliminary issue and the issue having been answered one way or the other, the matter had ultimately been carried to this Court where this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Calcutta High Court. An arbitration proceeding which was intended to be a speedy and efficacious remedy for an aggrieved party to which both the parties agreed, is protracting for this length of time on unnecessary issue on the question of jurisdiction, particularly having regard to the facts and circumstances already narrated. We, therefore, dismiss this appeal and direct that the Calcutt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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