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2015 Supreme(Del) 1030

VALMIKI J.MEHTA
Videocon Industries Limited – Appellant
Versus
Gail (India) Limited – Respondent


Advocate Appeared:
For the Petitioner:Mr. Amit Sibal, Senior Advocate, Mr. Sandeep S. Ladha, Mr. Yashvardhan, Mr. Davender Singh and Mr. Piyush Singh, Advocates.

JUDGMENT

VALMIKI J. MEHTA, J.

1. This is a petition under Section 9 of the Arbitration & Conciliation Act, 1996. Relief prayed in this petition is for stay against invocation of the letter of credit in the sum of Rs. 2.10 crores.

2. Between the parties there exists an agreement dated 30.12.2008 for supply of natural gas by the respondent no. 1 to the petitioner. It is with respect to this agreement that disputes have arisen and which agreement contains an arbitration clause.

3. In the petition, territorial jurisdiction of this Court is invoked in terms of the averments in para 36 and which para 36 reads as under:-

“36. That this Hon’ble Court has the jurisdiction to entertain and adjudicate the present petition in terms of Article 15.6 and 20.2 of the GSA dated 30.12.2008. It is submitted that Article 15.6 (Alternative 2)(a)(iii) provides that the venue of arbitration shall be New Delhi. Further, Article 20.2 categorically provides that the Courts at Delhi shall have exclusive jurisdiction over the enforcement of an award pursuant to Arbitration under Article 15.6 and in relation to any petition for interim relief, which reads as under:

“20.2 The Courts at Delhi shall have exclusiv






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