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SHEKHAR B. SARAF
Homevista Decor And Furnishing Pvt. Ltd. – Appellant
Versus
Connect Residuary Private Limited – Respondent
JUDGMENT :
(Shekhar B. Saraf, J.) :
1. The instant application, being A.P. No. 358 of 2020, has been filed by the petitioner no. 1 under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) for appointment of an arbitrator to resolve the disputes that have arisen between the parties.
2. The pertinent facts are mentioned below :
Relevant Facts
b) The petitioner no. 2 sells pre-designed modular kitchens and wardrobes online for projects in India. It has its registered office at 728, Grace Platina, 1st Floor, CMH Road, Indiranagar Bengaluru560038. The petitioner no. 2 entered into a scheme of demerger and amalgamation wherein the said company was demerged and amalgamated into the petitioner no. 1.
c) The respondent is a company providing office equipment and furniture on rental to corporates. It has its office at 103, B Wing, Satellite G
The jurisdiction for appointing an arbitrator lies with the court where the principal agreement was executed, as per Section 11(6), despite a venue specified in an ancillary agreement.
Point of Law : There was concurrent jurisdiction conferred on the courts ceased with subject matter in dispute and the courts where arbitration was carried out.
Point of law: Where any disputes arise between parties in respect of or in connection with the agreement then parties shall first endeavour to conciliate the disputes failing which the same shall be ....
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