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2009 Supreme(Del) 764

A.K.SIKRI, V.K.JAIN
MAX INDIA LIMITED – Appellant
Versus
GENERAL BINDING CORPORATION – Respondent


Advocates:
Advocate Appeared
Dr. A.M. Singhvi, Senior Advocate with Mr.Ruchin Midha, Mr.Amit Bhandari and Mr.Jaiveer Shergil
Mr. A.S. Chandhiok, Senior Advocate with Mr.Tejas Karia, Ms.Neha Bhasin, Mr. Nitesh Kumar and Mr.Sandeep Bajaj

Judgment

A.K. SIKRI, J.

1. Certain disputes have emerged between the appellant and the respondent herein, which arise from the Agreement dated 25.8.2008 entered between the parties, known as „Manufacture and Sale Agreement?. As this covenant contains an arbitration clause, the appellant herein proposes to invoke the arbitration in accordance with the said Agreement. Pending this action the appellant moved an application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as „the Act?) for interim measures, inter alia, praying that the respondent be restrained from implementing the terms of Agreement entered into by it directly or through its holding company, viz., Cosmo Films regarding sale of its commercial print finishing business. Learned Single Judge has dismissed this application vide impugned orders dated 14.5.2009. Reason given is that as per the Agreement, the disputes are to be resolved though arbitration under Singapore International Arbitration Rules (SIAC Rules) and it is the courts in Singapore which have jurisdiction to settle any disputes that may arise out of or in connection with the said Agreement. Therefore, this Court lac





































































































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