AJAY RASTOGI, SANJIV KHANNA
BBR (India) Private Limited – Appellant
Versus
S. P. Singla Constructions Private Limited – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.