IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTIETH DAY OF APRIL, TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE N.V.RAMANA AND THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR CIVIL REVISION PETITION NO. 1301 OF 2011 Between: United Spirits Ltd., A Company incorporated under the Companies Act, Having its Regd. Office at UB City, 24 Vittal Mallya Road, Bangalore-1, Rep. by its Authorised Signatory Sri Mahesh Nedungadi ..... Petitioner AND M/s. Paras Collins Distilleries Pvt. Ltd., A Company incorporated under the Companies Act, Having its Office at Flat No. 401, Sushmit Enclave, Somajiguda, Hyderabad and at Plot No.67, 8-2-608/2, Gaffar Khan Colony, Road No.10, Banjara Hills, Hyderabad, presently having Regd. Office at Sy.No. 662 & 663, Shamshabad, Rangareddy Dist. And others ..... Respondents The Court made the following: JUDGMENT: (per the Hon’ble Sri Justice N.V. Ramana) This Civil Revision Petition seeks to assail numbering of the Arbitration O.P. No. 1057 of 2010, on the file of the I Addl. Dist. Judge, Rangareddy at L.B. Nagar and the consequential issuance of summons dated 7.2.2011 to the petitioner for its appearance. The petitioner herein has entered into an agreement with the first respondent on 1.7.2005 for manufacture of IMFL products and also user-ship agreement and in terms of the agreement, the first respondent shall manufacture such quantities of IMFL of such brands as many be directed by the petitioner and shall sell the IMFL manufactured by it at their bottling unit at Shamshabad. It was further agreed between the parties that the disputes are subject to the jurisdiction of the courts at Mumbai. While so, the petitioner had invoked arbitration clause vide letter dated 12.7.2006 and pursuant to the Arbitration Petition No. 307 of 2006 filed by it, the High Court at Mumbai by order dated 28.8.2006 appointed an Arbitrator with consent of both the parties, who proceeded with the arbitration and after conducting an enquiry, an Award came to be passed on 15.6.2010 in accordance with the consent terms. It is the case of the petitioner herein that the first respondent having submitted itself to the arbitral proceedings at Mumbai, is precluded from invoking the jurisdiction of District Court at Rangareddy by filing petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 inasmuch as the Award dated 15.6.2010 is passed at Mumbai and, therefore, the number of A.O.P. No. 1057 of 2010 by the Principal District Judge, Rangareddy and the issuance of notice requiring appearance of the petitioner is against the settled principles of law. We have heard the learned counsel for the petitioner and perused the material available on record. Admittedly, the notice is issued seeking appearance of the first respondent before the court of the I Addl. District Judge, Rangareddy at L.B. Nagar. Therefore, the petitioner ought to have entered appearance in the above O.P. before the I Addl. Dist. Judge and raised all the pleas, which are sought to be raised, before this court. Therefore we are of the considered view that there is no accrual of cause of action for the petitioner to invoke supervisory jurisdiction of this Court. Consequently, the Civil Revision Petition is closed reserving liberty to the petitioner to agitate all the pleas open to it in law before the civil court. No order as to costs. _________________ Justice N.V. Ramana ____________________ Justice B.Chandra Kumar April 20, 2011 MAS.