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- Withdrawn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 The court disposed of the application as withdrawn, granting the applicant liberty to file the petition in the appropriate forum.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//
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