- (1.) BY this petition filed under section 9 of the Arbitration and Conciliation Act, 1996, the petitioner seeks direction against the respondent to furnish security to secure the amounts awarded to the petitioner by the learned arbitrator by declaring an award on 9th January, 2013 in the sum of US # 3356203 equivalent to Rs.181234926/ - approximately as on 18th January, 2013 and seeks appointment of the Court Receiver and injunction against respondents.
(2.) THE respondents have filed affidavit dated 25th February, 2013 raising preliminary objection about territorial jurisdiction of this court to entertain this petition. The learned counsel appearing on behalf of the respondents submits that the respondent carries on business at Kolkata. The Petitioner is having its registered office at Jambia. The contracts dated 10th August, 2006 and 18th August, 2006 which were subject matter of arbitration were received and executed by the respondent at Kolkata. The transaction between the petitioner and respondent took place at Kolkata. It is submitted that no part of cause of action in the pending arbitral proceedings has arisen within the territorial jurisdiction of this court nor the respondents has its registered office or branch office within the jurisdiction of this court. The learned counsel submits that this court does not fall within the purview of "Court " as contemplated by provisions of section 2(1)(e) of the Arbitration & Conciliation Act, 1996.
(3.) THE learned counsel for the respondent placed reliance upon the judgment of the Supreme Court in the case of Bharat Alluminium Vs. Kaiser Alluminium delivered on 6th September, 2012 reported in (2012) 9 S.C.C. 552 and particularly paragraph 197.;