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2023 Supreme(Del) 325

YASHWANT VARMA
Inland Waterways Authority of India – Appellant
Versus
Reach Dredging Ltd. (Rdl) and Gayatri Projects (P) Ltd. (JV) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Naveen Chawla and Ms. Monica Madaan, Advs.
For the Respondent: Mr. Shatardu Chakraborty, Mr. Sanjay Mukherjee, Ms. Sonia Dube and Ms. Surbhi Anand, Advs.

ORDER :

1. These three petitions under Section 34 of the Arbitration and Conciliation Act, 1996, the Act, assail the validity of the awards dated 28 July 2022. On 09 December 2022 when the petitions were called, a preliminary objection was taken on behalf of the respondents with it being contended that this Court would not have the jurisdiction to entertain the challenge under Section 34 of the Act since Delhi could not be understood as constituting the seat of arbitration. Noticing the preliminary objection which was urged, the Court had on that date passed the following order: -

    “1. A preliminary objection is taken to the institution of the present petitions under Section 34 of the Arbitration and Conciliation Act, 1996 [the 1996 Act] with learned counsel for the respondent asserting that as per Clause 47.1.1 of the Contract, and which comprises the arbitration clause, two competing venues were indicated as being the venue for arbitration, namely, Noida/ Delhi. According to learned counsel, no part of the cause of action as may be generally understood arose within the territorial jurisdiction of this Court. It is pointed out that the work of dredging was carried out in Orissa and t

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