Petition under S. 9 of Arbitration & Conciliation Act can be filed only before the civil court of original jurisdiction

Karnataka High Court: While passing the order in a civil miscellaneous petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, a Single Judge Bench comprising of Ashok B. Hinchigeri, J. held that such petition was not maintainable before the High Court.

The petitioner prayed to the Court to exercise its jurisdiction and powers under S. 9 of the Act, and direct the respondent firm to permit the petitioner to re-start/commence the removal of its property, being all global items, from the premises of the respondent. The respondent raised objection as to the maintainability of the petition.

The Court upholding the objection held that the petition filed under S. 9 of the Arbitration and Conciliation Act, 1996 could be filed only before the civil court of original jurisdiction in a district. The Court, accordingly, rejected the petition. The petitioner was given liberty to file the petition before appropriate forum. [M/s Annam Steels Private Limited v. M/s KIOCL Limited, C.M.P. No. 235 of 2016, dated August 1, 2017]

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