Activitas Management Advisory Private Limited v. Mind Plus Healthcare Private Limited
Court – Supreme Court
Citation – SLP (C) No. 27714 of 2024
Date – 05.08.2025
The Hon’ble Supreme Court has held that in absence of the seat or venue mentioned in the Arbitration Agreement, the Place of Exclusive Jurisdiction shall be deemed as the Seat of Arbitration.
The Court held,
“8. Though clause 10 does not use the expression ‘seat’or ‘venue’, we are of the opinion that the ‘jurisdiction’ is mentioned in the contextof resolution of the disputes through arbitration andas such the agreement between the parties that, “client hereby submits to the exclusive jurisdiction of the Mumbai High Courts located in Mumbai” must be understood in the context of arbitration and therefore the seat of the arbitration must be taken to be Mumbai.
9. We are informed that the appellant has already filed an application under Section 11 before the Mumbai High Court the same is pending consideration.
10. In view of the above, we allow the appeal, set aside the judgment and order passed by the High Court in ARB-130-2024 dated 27.09.2024. The appellant will be entitled to pursue his application under Section 11 of the Arbitration and Conciliation Act and the respondent is equally entitled to contest the said application on such grounds as may be available to it in law.”
— Team AMLEGALS
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