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2021 Supreme(Cal) 107

DEBANGSU BASAK
Bowlopedia Restaurants India Limited – Appellant
Versus
Devyani International Limited – Respondent


Advocates Appeared:
Sabyasachi Chowdhury, Advocate, Sayan Ganguly, Advocate, Tirthankar Das, Advocate, Arjun Mookerjee, Advocate, Khushboo Choudhary, Advocate, Rituparna Saha, Advocate, Raunak Satpathy, Advocate

JUDGMENT

Debangsu Basak, J. - The petitioner has applied under Section 9 of the Arbitration and Conciliation Act, 1996 for interim protection.

2. Learned Advocate appearing for the respondent has raised objections of lack of jurisdiction. Since the respondent has raised the issue of jurisdiction, the respondent has been allowed to address the Court first.

3. Learned Advocate appearing for the respondent has submitted that, the parties entered into a leave and license agreement dated July 11, 2019. He has referred to Clause 16.7 of the leave and license agreement dated July 11, 2019. He has submitted that, since the parties agreed that the seat of arbitration shall be at New Delhi, the Courts at New Delhi has exclusive jurisdiction to try, entertain and determine any proceeding under the Act of 1996. In support of his contentions, he has relied upon the order dated November 23, 2017 passed by the Delhi High Court in Arbitration Petition No. 444 of 2017 (Ramandeep Singh Taneja v. Crown Realty), (M/s. Devyani International Ltd. v. Siddhivinayak Developers & Builders,2017 SCCOnline 11156), the order dated February 7, 2018 passed in Arbitration Petition No. 529 of 2017 (M/s. N J Construc

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