Tuesday, 28 July 2020

What will be the effect on Arbitrability of dispute if the proceeding is pending before Competition Commission of India?

 In so far as the judgment of Supreme Court in case of
Competition Commission of India v/s. Bharti Airtel Ltd. (supra) relied
upon by the learned senior counsel for the petitioner is concerned, the
said judgment is clearly distinguishable in the facts of this case. The
petitioner in this case had already raised an issue of arbitrability even
in the correspondence at the stage of the respondent invoking
arbitration agreement. It is not the case of the petitioner that the learned
arbitrator has decided the issues which would exclusively fall within
the domain of the CCI in the impugned award.{Para 363}

364. In my view, Mr. Samdani, learned senior counsel for the
respondent is right in his submission that the monetary claim made by
the respondent does not fall within the jurisdiction of the CCI under

Section 61 of the Competition Act. The learned arbitrator has rightly exercised its jurisdiction to entertain the monetary claims made by the respondent and has not exceeded his jurisdiction. The learned arbitrator has only directed the petitioner to pay the contractual dues of the respondent arising out of the sale of seeds.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION

COMMERCIAL ARBITRATION PETITION NO. 737 OF 2019


Nuziveedu Seeds Ltd. Vs  Mahyco Monsanto Biotech (India) Pvt.

CORAM : R.D. DHANUKA, J.

PRONOUNCED ON : 23rd JULY, 2020.
Read full judgment here : Click here

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