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2013 Supreme(Bom) 140

R.D.DHANUKA
Rockwood Hotels & Resorts Limited – Appellant
Versus
Starwood Asia Pacific Hotels and Resorts Pvt. Limited – Respondent


Advocates appeared:
For the Petitioner:D.J. Khambatta, Sr. Advocate, Rohan Cama i/by M/s. Doijode & Associates, Advocates.
For the Respondents:Dr. Virendra Tulzapurkar, Sr. Advocate, Arun Siwach & Mishita Jethi i/by M/s. Amarchand & Mangaldas R.A. Shroff & Co., Advocates.

Judgment :

1. By this petition filed under section 9 of the Arbitration & Conciliation Act, 1996, the petitioner seeks stay of the, implementation and or operation of the termination notice dated 17th December, 2012, issued by the respondent to the petitioner purporting to terminate hotel agreements and seeks injunction restraining the respondents from assigning in any manner acting on the basis or in furtherance of or taking any steps pursuant to the purported termination and termination notice dated 17th December, 2012.

2. Dr. Tulzapurkar, the learned senior counsel appearing for the respondents raises a preliminary objection in respect of the maintainability of this petition in this court. Both the parties through their respective learned senior counsel addressed this court on the issue of jurisdiction.

3. Some of the relevant facts for the purpose of deciding the issue jurisdiction of this court are set out as under:

(a) The Petitioner is carrying on business and has its registered office at Mumbai. The respondent is a company incorporated under the laws of Singapore and has its registered branch office in India at Haryana. The respondent carries on business of operating hotels















































































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