Kochhar & Co. successfully represented the Airports Authority of India (AAI) before the Bombay High Court in a Civil Revision Application challenging an Order of the Kolhapur Principal Civil Court (Kolhapur Court).

The Kolhapur Court had rejected AAI’s application under Order VII Rule 11 of the Code of Civil Procedure, 1908 seeking return of an Application filed under Section 29A of the Arbitration & Conciliation Act, 1996 (Arbitration Act) filed by Harsh Constructions Private Limited (Harsh Constructions) for extension of the Arbitrator’s mandate. Despite the agreed seat of arbitration being Delhi, Harsh Constructions had invoked the jurisdiction of the Kolhapur Court, relying on the location of project execution.

Arguing that supervisory jurisdiction lies exclusively with the courts in Delhi, Kochhar & Co. successfully obtained an interim stay on proceedings before the Kolhapur Court, prima facie, reinforcing the principle that the seat of arbitration governs Court jurisdiction under the Arbitration Act. This interim relief underscores the importance of respecting party autonomy and seat-based jurisdiction in arbitration matters.

AAI was successfully represented by the Kochhar & Co. Mumbai team comprising Partner Mayur Shetty, Associate Partner Rushil Mathur, and Associate Yash Pitroda.