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2022 Supreme(SC) 466

AJAY RASTOGI, SANJIV KHANNA
BBR (India) Private Limited – Appellant
Versus
S. P. Singla Constructions Private Limited – Respondent


Advocates appeared:
For the Petitioner(s):Kunal Verma, Advocate
For the Respondent(s):Ratin Rai, Anirudh Wadhwa, Shivam Singh, Ritika Sinha, Tahira Kathpalia, Bharghav Thali, Anushka Pandey, Jaideep Khanna, Hamza Tariq, Gopal Singh, Advocates

JUDGMENT :

Sanjiv Khanna, J.

Leave granted.

2. The short and interesting issue which arises in the present appeals is – whether conducting the arbitration proceedings at Delhi, owing to the appointment of a new arbitrator,1[Mr. Justice (Retd) T.S. Doabia] would shift the ‘jurisdictional seat of arbitration’ from Panchkula in Haryana, the place fixed by the first arbitrator,2[Mr. Justice (Retd.) N.C. Jain] for the arbitration proceedings?

3. Before we refer to the statutory provisions and the case law precedents, facts in brief, relevant to decide the aforesaid question, are required to be stated. The appellant – BBR (India) Private Limited, and the respondent – S.P. Singla Constructions Private Limited, had entered into a contract dated 30th June 2011, under which the appellant was required to supply, install and undertake stressing of cable strays for the 592 metre long cable stay bridge being constructed by the respondent over the river Ravi at Basouli, Jammu and Kashmir. Letter of intent dated 30th June 2011 issued under the contract had an arbitration clause for resolution of disputes by a sole arbitrator, which reads thus :

    “Dispute Resolution and Arbitration

    Save where the decisi


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