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Bombay High Court considers appeal challenging order revoking leave under Clause XII of Letters Patent in a section 9 petition under Arbitration and Conciliation Act, 1996. Matter involves a development agreement for land at Indore and the question of territorial jurisdiction based on 'suit for land' principle.

High Court: Bombay High Court Bench: BOMBAY
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2026-09-21 08:30:10
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Issue of Consideration

Whether the dispute between the parties arising from a development agreement and MOU constitutes a 'suit for land' under Clause XII of the Letters Patent, thereby requiring the section 9 petition to be filed only where the land is situated.

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Law Points

  • Clause XII
  • Letters Patent
  • suit for land
  • territorial jurisdiction
  • development agreement
  • section 9
  • Arbitration and Conciliation Act
  • 1996
  • possession
  • personal obligations
  • leave revocation
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Case Details

2015 LawText (BOM) (03) 28

APPEAL NO.572 OF 2013 IN CHAMBER SUMMONS NO.720 OF 2013 IN LEAVE PETITION NO.238 OF 2013 IN ARBITRATION PETITION NO.799 OF 2013

2015-03-10

Mohit S. Shah, C.J., B. P. Colabawalla, J.

Mr. Rafiq Dada, Senior Advocate a/w Mr. Pradeep Sancheti, Senior Advocate a/w Ms. Yasmin Bhansali i/b M/s. Yasmin Bhansali and Co, for the Appellant; Mr. Hamed Kadiani a/w Mr. Yashpal Jain, Mr. Vijay Tulsiyan i/b Yashpal Jain, for the Respondent

Sumer Builders Pvt Ltd

Narendra Gorani, son of Ram Gorani

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Nature of Litigation

Appeal against order revoking leave under Clause XII of Letters Patent for filing section 9 petition under Arbitration Act, challenging territorial jurisdiction.

Remedy Sought

Appellant (developer) sought to set aside the revocation of leave and to have the section 9 petition heard in Bombay High Court.

Filing Reason

Dispute regarding termination of development agreement and MOU over land at Indore; respondent terminated agreement and claimed possession; appellant sought interim relief under section 9 to protect its possession and rights.

Previous Decisions

Single Judge of Bombay High Court revoked leave on ground that dispute amounted to a 'suit for land' under Clause XII, requiring filing in Indore.

Issues

Whether the dispute between the parties arising from a development agreement and MOU constitutes a 'suit for land' under Clause XII of the Letters Patent, thereby requiring the section 9 petition to be filed only where the land is situated.

Judgment Excerpts

the learned Judge held that the dispute between the parties in the proposed arbitration would amount to a “suit for land” as envisaged under Clause XII of the Letters Patent a development agreement dated 28 February 2008 registered with the Sub-registrar, Indore

Procedural History

Appellant filed section 9 petition in Bombay High Court after obtaining leave under Clause XII. Respondent challenged jurisdiction leading to revocation of leave by Single Judge's order dated 10 October 2013. Appellant filed present appeal against that order.

Acts & Sections

  • Arbitration and Conciliation Act, 1996: Section 9
  • Letters Patent of the High Court of Judicature at Bombay, 1865: Clause XII
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development agreement arbitration section 9 Clause XII Letters Patent suit for land possession jurisdiction leave Indore security deposit

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