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2023 Supreme(Del) 3958

YOGESH KHANNA
M S Talwar Auto Garages Private Limited – Appellant
Versus
M S Ve Commercial Vehicles Limited – Respondent


Advocates appeared:
Mr.Jayant Mehta, Sr. Advocate with Mr.Dhruva Pawan Kumar, Ms.Shraddha Gupta and Mr.Raghav Bhatia, Advocates , for the Petitioner.
Ms.Gunjan Sinha Jain and Mr.Manu Bajaj, Advocates , for the Respondent.

JUDGMENT

Yogesh Khanna, J.

1. ARB.P. 1204/2022 is filed by the petitioner under Section 11 of Arbitration and Conciliation Act for appointment of an arbitrator to adjudicate the disputes between the parties. The arbitration clause 32 of the Dealership Agreement dated 29.10.2013, renewed on 01.04.2017 is as under:

    "32) DISPUTE RESOLUTION AND JURISDICTION

    The parties hereto shall endeavor to settle by mutual conciliation any claim, dispute, or controversy ("Dispute") arising out of or in relation to, this Agreement, including any Dispute with respect to the existence or validity hereof the interpretation hereof the activities performed hereunder, or the breach hereof. Any Dispute which cannot be so resolved through such conciliation within 30 days or such extended period as the parties may agree, shall be finally settled under the provisions of the Indian Arbitration and Conciliation Act, 1996 and Rules made thereunder and any statutory amendments/modifications thereof in Delhi. The seat of arbitration shall always be at Delhi. The Courts of Indore shall have exclusive jurisdiction in all matters arising under this Agreement."

2. Reference is also made to other clauses of the agreeme

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