Created by Fuzzy Cloud

Bombay High Court

Kundan Balkrishna DeshmukhversusNational Dairy Development Board, Thru. its Managing Director/ Executive Director

Disposal
Withdrawn

Holding

The court allowed the withdrawal of the application and permitted the applicant to file the Section 11 petition before the Gujarat High Court.

Summary

The parties' agreement contained an arbitration clause designating Anand, Gujarat as the venue and granting jurisdiction to the courts in Anand for any disputes. The respondent raised a preliminary objection, relying on the Supreme Court’s decision in Brahmani River Pellets Ltd. v. Kamachi Industries Ltd., that a Section 11 application under the Arbitration and Conciliation Act, 1996 should be filed in the Gujarat High Court, not the Bombay High Court. The applicant sought the court’s permission to withdraw the present application and to file the appropriate petition before the Gujarat High Court. The bench considered the relevance of the arbitration clause and the Supreme Court precedent. The court disposed of the application as withdrawn, granting the applicant liberty to file the petition in the appropriate forum.

Issues considered

  • Whether a Section 11 application under the Arbitration and Conciliation Act, 1996 can be filed in the Bombay High Court despite an arbitration clause specifying Anand, Gujarat as the venue
  • Whether the Supreme Court’s decision in Brahmani River Pellets Ltd. v. Kamachi Industries Ltd. mandates filing the application before the Gujarat High Court

Legislation cited

Subjects

  • Arbitration
  • Jurisdiction
  • Section 11
  • Arbitration clause
  • Venue
  • Withdrawal
  • High Court

Judgment

2026:BHC-AUG:40197


                                                     1                         936-arb-14-2026.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                   BENCH AT AURANGABAD
                           ARBITRATION APPLICATION NO. 14 OF 2026

                                  Kundan Balkrishna Deshmukh
                                             VERSUS
                 National Dairy Development Board, Thru. Its Managing Director/
                                        Executive Director
                                                 ...
                       Advocate for Applicant : Mr. Dayanand Shivappa Mali
               Advocate for Respondent Nos.1 & 2 : Mr. Swapnil Joshi i/b Talekar And
                                            Associates
                                                 ...
                                            CORAM : ROHIT W. JOSHI, J.
                                              DATED      : SEPTEMBER 03, 2026
              P.C.:

              1.           The arbitration clause provides for Anand, Gujarat as

              venue for arbitration and that the competent Courts in Anand shall

              have jurisdiction in respect of all the matters arising out of, under or in

              connection with the agreement.

              2.           Placing reliance on the judgment of Hon’ble Supreme

              Court in the case of Brahmani River Pellets Limited Vs. Kamachi

              Industries Limited, Civil Appeal No.5850 of 2019 decided on

              25.07.2019, learned advocate for the respondents raised a preliminary

              objection that the application under Section 11 ought to have been filed

              before Gujarat High Court.

              3.           Learned advocate for the applicant seeks permission to

              withdraw present application with liberty to file appropriate application

              before Gujarat High Court.
                                                 2                      936-arb-14-2026.odt


             4.           Arbitration Application stands disposed of as withdrawn

             with liberty as prayed for.



                                                       [ROHIT W. JOSHI J.]




Mujaheed//


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.