DEBANGSU BASAK
Bowlopedia Restaurants India Limited – Appellant
Versus
Devyani International Limited – Respondent
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
B.E. Simoese Von Staraburg Niedenthal vs. Chhattisgarh Investment Ltd.
Bharat Aluminium Company vs. Kaiser Aluminium Technical Services INC
Enercon (India) Ltd. vs. Enercon GmbH
Indus Mobile Distribution Private Limited vs. Datawind Innovations Private Limited
Provash Chandra Dalui & Anr. vs. Biswanath Banerjee & Anr.
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.