Created by Fuzzy Cloud

Bombay High Court

PATIL CONSTRUCTION AND INFRASRURE LTDversusSAIBABAB SANSTHAN TRUST SHIRDI

Decided
Disposal
DISPOSED OFF

Holding

The seat of arbitration being Kopargaon places the dispute within the territorial jurisdiction of the Aurangabad Bench, permitting the applicant to proceed accordingly.

Summary

The parties entered into an agreement on 13 May 2010 that designated Kopargaon as the seat of arbitration. Kopargaon falls within the territorial jurisdiction of the Aurangabad Bench of the High Court of Bombay. The applicant sought guidance on proceeding with arbitration-related matters before the court. The court held that, given the agreed seat, the applicant is free to adopt appropriate legal proceedings in accordance with the law. All questions raised by the parties were left open for further determination, and the application was disposed of.

Issues considered

  • Whether the designation of Kopargaon as the seat of arbitration confers jurisdiction to the Aurangabad Bench of the High Court of Bombay

Subjects

  • Arbitration
  • Seat of arbitration
  • Jurisdiction
  • High Court of Bombay
  • Commercial division

Judgment

                                                                                      26-CARAP-251-26.doc



                                                                                            Sayali
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           ORDINARY ORIGINAL CIVIL JURISDICTION
           Digitally signed
SAYALI  by SAYALI
        DEEPAK
                                               IN ITS COMMERCIAL DIVISION
DEEPAK UPASANI
UPASANI Date:
        2026.09.24
           16:29:07 +0530
                                      COMM. ARBITRATION APPLICATION NO. 251 OF 2026

                                Patil Construction and Infrastructure
                              Ltd                                           … Applicant
                                         V/s.
                               Saibabab Sansthan Trust Shirdi               … Respondents

                              Ms. Jyoti Badgujar i/b MR. Amol Patil, for Applicant.
                              Mr. Shivkumar S. Jangwad i/b Nitin Gaware Patil, for
                              Respondent.
                                                      CORAM : AMIT BORKAR, J.

                                                           DATED      : SEPTEMBER 24, 2026
                              P.C.:

                              1.      The agreement entered into between the parties on 13 May
                              2010 specifically provides for the seat of arbitration at Kopargaon,
                              which is a place within the territorial jurisdiction of the
                              Aurangabad Bench of this Court.

                              2.      Hence, the applicant will be at liberty to adopt appropriate
                              proceedings in accordance with law, by taking into consideration
                              the seat of arbitration provided in the agreement.

                              3.      All questions raised by both parties are kept open.

                              4.      The present application stands disposed of.



                                                                            (AMIT BORKAR, J.)



                                                                 1


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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