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SANJEEV NARULA
Ashiana Infrabuild LLP – Appellant
Versus
S. D. Bhalerao Constructions Pvt. Ltd. – Respondent
JUDGMENT
Sanjeev Narula, J. - Ashiana Infrabuild LLP - the Petitioner herein - by way of the instant petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as 'the Act'], seeks appointment of the Arbitral Tribunal for adjudication of the disputes arising out of certain agreements between the parties.
Brief facts:
2. The brief facts that are necessary for the disposal of the present petition are as follows:
2.1. The parties herein entered into a Joint Venture Agreement dated 24th March, 2011 [hereinafter referred to as 'JVA'] for the re-development/reconstruction of a residential project in Mumbai.
2.2. As a result of certain issues arising therein, a Cancellation Agreement dated 1st April, 2017 [hereinafter referred to as 'CA'] was executed, by virtue whereof, the JV, along with all the rights and obligations arising thereunder, stood cancelled.
2.3. Parties also agreed that the legal entity, "M/s. S.D. Bhalerao Constructions Pvt. Ltd. - Project Building No. 58 - JV" shall automatically come to an end and all financial liabilities of the Project will stand merged and taken over by the Respondent w.e.f. 01st April, 2017.
2.4. Petitioner conten
The main legal point established is that the terms of a superseding agreement govern the disputes, and the specific arbitration and jurisdiction clauses in an agreement are crucial in determining the....
The arbitration clause in the Cancellation Agreement is effective despite the Joint Venture Agreement being claimed as ongoing, allowing the disputes to be arbitrated in Delhi.
Disputes related to Joint Venture Agreement must be resolved via arbitration, affirming validity of the arbitration clause despite claims of termination.
The arbitration agreement binds all parties, including non-signatories, and disputes must be referred to arbitration despite objections on limitation and jurisdiction.
Designation of the seat of arbitration must be clearly expressed; conflicting jurisdiction clauses require a harmonious construction favoring the overarching agreement.
The main legal point established in the judgment is the significance of the seat of arbitration in conferring jurisdiction on Courts in arbitration proceedings.
The choice of venue in an arbitration agreement can determine the seat of arbitration, and the amendments made to Section 29A of the Arbitration and Conciliation Act, 1996 in 2019 are applicable to p....
The main legal point established is that the non-competition clause in the Joint Venture Agreement applied only to specific parties and did not extend to all parties involved. Additionally, the court....
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