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NAVIN CHAWLA
Manmohan Kapani – Appellant
Versus
Kapani Resorts Pvt. Ltd. – Respondent
JUDGMENT
Navin Chawla, J. (Oral)--This petition has been filed under Section 9 of the Arbitration and Conciliation Act,1996 (hereinafter referred to as the `Act') inter-alia praying for the following reliefs:
"a) Grant ex-parte Ad-interim orders and/or direction in favour of the Petitioner and against the Respondent, from alienating, creating third party rights, discharging, misappropriating the properties of the Respondent Company;
b) Grant ex-parte Ad-interim orders and/or direction in favour of the Petitioner and against the Respondent, from alienating, creating third party rights, discharging, misappropriating the Greater Kailash Property belonging to the Respondent No.2 and Respondent No. 3;
c) Grant ex-parte Ad-interim orders and/or direction in favour of the Petitioner and against the Respondent, attaching the assets and bank accounts of the Respondent No.2 and Respondent No. 3 to the extent of 7.5 crores;
d) Grant ex-parte Ad-interim orders and/or direction in favour of the Respondent No.2 and Respondent No. 3, calling upon them to deposit Rs.7,50,00,000 before the Registrar of the Delhi High Court."
2. The disputes between the parties have arisen out of the "Restated Share Sub
The main legal point established in the judgment is the significance of the seat of arbitration in determining the territorial jurisdiction under the Arbitration and Conciliation Act.
Designation of the seat of arbitration must be clearly expressed; conflicting jurisdiction clauses require a harmonious construction favoring the overarching agreement.
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.
The seat of arbitration clause, fixing the seat of arbitration at New Delhi, resulted in courts at New Delhi being exclusively competent to entertain petitions under the 1996 Act, in exercise of its ....
The main legal point established in the judgment is that the designation of the seat of arbitration confers exclusive jurisdiction on the courts at that seat, influencing the court's decision on juri....
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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