Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: 15 July 2026

Case Overview

  • Parties: Appellant – Khajuraho Greens LLP & Ors.; Respondent – Bestco Cables Private Limited & Anr.
  • Civil Appeal No. … of 2026 (Special Leave Petition (C) No.21642/2026) filed against the impugned judgment and order dated 29‑05‑2026 passed by the Allahabad High Court in MUA‑227 No. 7441/2026.
  • The dispute stems from a Section 9 application under the Arbitration and Conciliation Act, 1996, filed by the respondents in the Commercial Court at Noida.
  • The appellants earlier raised, via Petition No. 2792 of 2026 under Article 227, the issue of territorial jurisdiction of the Noida Court to entertain the Section 9 application.
  • The High Court, on 27‑02‑2026, stayed the effect of its own order dated 18‑02‑2026 and directed that the matter be listed fresh on 07‑07‑2026, prohibiting the respondents from creating any third‑party right over the property.
  • The High Court’s order also noted that the petitioners had executed a partnership agreement on 27‑08‑2024 at Bhopal, containing an arbitration clause (para 13.4), and that the respondents were expelled from the partnership on 27‑01‑2026.
  • Respondents argued that Section 16 of the CPC gave the Noida Court jurisdiction because the property is situated in Noida, while appellants relied on the Supreme Court judgment in Ravi Ranjan Development Pvt. Ltd. v. Aditya Kumar Chatterjee (2022 SCC OnLine SC 568) to support their claim of MP‑court jurisdiction.
  • Senior counsels appearing: for appellants – Mr. Rajiv Shakdher (Sr. Adv.) assisted by Ms. Megha Karnwal and others; for respondents – Mr. Ravindra Shrivastava (Sr. Adv.) assisted by Mr. Nitesh Jain and others.

Final Outcome

  • The Supreme Court granted leave to appeal and set aside the High Court’s impugned order.
  • It held that the respondents had no valid reason to file a separate Article 227 petition; all contentions should have been raised in the first petition filed by the appellants.
  • Both the original petition (filed by the appellants) and the respondents’ petition are to be listed for hearing on 07‑08‑2026 without fail, to avoid further complications.
  • The Court emphasized that any alienation or creation of third‑party rights pending the proceedings would be subject to the doctrine of lis pendens.
  • The appeal is disposed of, and any pending applications, if any, stand disposed of.

Topics: Arbitration Jurisdiction, Supreme Court Order