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2011 Supreme(Bom) 1467

D.Y.CHANDRACHUD, A.A.SAYED
Sharda Raje Uday Singh Rao Gaekwar – Appellant
Versus
Veer Corporation – Respondent


Advocates Appeared:
For the Appellant:Navroz Seervai, Senior Advocate with Zubin Behramkamdin, Ms. Shough Merchant, Daryush Marfatia, Ms. Shreya Parikh i/b. Bharucha & Partners, Advocates.
For the Respondent:Pravin Samdani, Senior Advocate with Karl Shroff, Keerit Shah, Ms. Khyhati Ghevaria i/b. Dhru & Co, Advocates.

Judgment :

D.Y. CHANDRACHUD, J.

1. This appeal arises out of an order of a Learned Single Judge dated 22 November 1999, dismissing a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, on the ground that the Appellants having filed an application under Section 8 before a Court at Vadodara, where the Respondent has instituted a suit, this Court would not have jurisdiction to pass any orders in relation to arbitral proceedings, including orders under Section 9.

2. The Appellants claim to be owners of land admeasuring 21,706 sq.mtrs. bearing R.S.86 (part) and 95B situated at Jetalpur Taluka in the District of Baroda. Between 2 March 1995 and 18 March 1995, the Appellants entered into diverse agreements with the Respondent for the development of the property. On 11 August 1995, the Appellants addressed a communication to the Respondent alleging breach in the performance of the obligation under the agreements. The agreements contain an arbitration agreement. On 25 August 1995, the Respondent responded to the letter and contended that as provided in the agreements disputes between the parties in this regard or regarding the development agreement have to be refer















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