ROHINTON FALI NARIMAN, HRISHIKESH ROY
INOX RENEWABLES LTD. – Appellant
Versus
JAYESH ELECTRICALS LTD. – Respondent
JUDGMENT
R.F. Nariman, J.
Leave granted.
2. The present appeal arises out of the impugned judgment dated 9th October, 2019 passed by the High Court of Gujarat at Ahmedabad in which Special Civil Application No. 9536 of 2019 filed by the appellant, Inox Renewables Ltd. ["Appellant"] against the order dated 25th April, 2019 passed by the Commercial Court, Ahmedabad was dismissed, holding that the courts at Jaipur, Rajasthan would be the courts in which the Section 34 petition could be filed.
3. The facts of the case are as follows:
A purchase order dated 28th January, 2012 was entered into between M/s Gujarat Fluorochemicals Ltd. ["GFL"] and the respondent herein, Jayesh Electricals Ltd. ["Respondent"] for the manufacture and supply of power transformers at wind farms. The arbitration clause is contained in clause 8.5 of the purchase order which reads as follows:-
"8.5 All the dispute[s] and differences if any shall be settled by arbitration in the manner hereinafter provided.
Arbitration shall be conducted by three arbitrators; one each to be nominated by you and the owner and third to be appointed as an umpire by both the [arbitrators] in accordance to the Arbitration and Conciliation A
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