Supreme Court of India

M/s Emkay Global Financial Services Ltd. v. Girdhar Sondhi

Neutral citation

Reported as [2018] 10 S.C.R. 937

Bench R.F. Nariman and Indu Malhotra JJ.

Decided 20 August 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, we answer the question of law framed as follows: (i) The issues, as required under Order XIV Rule 1 of the Code as in the regular suit, are not required to be mandatorily framed by the Court.

Judgment, page 12

From the headnote

Arbitration and Conciliation Act, 1996: s.34 – Terr itorial jurisdiction – Dispute arose between the registered broker of the National Stock Exchange (NSE) and its client regardi ng certain transactions in securities and shares – Agreement b etween the parties contained a jurisdiction clause whereby the part ies were to submit to the exclusive jurisdiction of the courts in Mu mbai – Matter was referred by the NSE to the arbitrator having sittings at Delhi – Respondent’s claim was rejected by the sole arbitrator – Resp ondent then filed s.34 application before Delhi District ourt – District

Authorities it was built on

2017 Indus Mobile Distribution Private Limited v. Datawind Innovations Private Limited & Ors. cited by 9
2009 Fiza Developers & Inter-trade P. Ltd. v. Amci (i) Pvt. Ltd. & Anr. cited by 3
2015 M/s Cochin Shipyard Ltd. v. M/s Apeejay Shipping Ltd. cited by 1

Where later benches applied it

2023 M/s Alpine Housing Development Corporation Pvt. Ltd. v. Ashok S Dhariwal and Others referred to
2022 National Highways Authority of India v. Sri P. Nagaraju @ Cheluvaiah & Anr referred to
2021 Gemini Bay Transcription Pvt. Ltd. v. Integrated Sales Service Ltd. & Anr. referred to
2019 M/s. Canara Nidhi Limited v. M. Shashikala and Others referred to
2019 M.R. Krishna Murthi v. The New India Assurance Co. Ltd. & Others mentioned

Of those, 4 referred to · 1 mentioned

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