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2023 Supreme(Del) 5282

YOGESH KHANNA
Vasudev Garg – Appellant
Versus
Embassy Commercial Projects (Whitefield) Private Limited – Respondent


Advocates appeared:
Dr.Abhishek Manu Singhvi, Mr.Rajshekhar Rao, Mr.Sunil Dalal, Senior Advocates with Mr.Manohar Malik, Mr.Deepak Biswas, Mr.Neeraj Matta, Mr.Devashish Bhadauria, Ms.Manisha Saroha, Mr.Navish Bhati, Ms.Astha Gumber, Mr.Nikhil Beniwal, Mr.Harshit Gupta, Advocates, for the Petitioner.
Mr.Sanjay Jain, Senior Advocate with Mr.Gyanendra Kumar, Ms.Shreya Som, Ms.Shree Sinha, Mr.Shivam Tiwari and Ms.Harshita Sukhija, Advocates, for the Respondent-1.
Mr.Rajiv Nayar, Senior Advocate with Mr.Mahesh Aggarwal, Mr.Rishi Aggarwala, Mr.Ankit Banati Mr.Prabhav Bahuguna, Mr.Vikram Choudhary, Ms.Tarini Khurana, Advocates, for the Respondent-2 to 5.
Mr.Tejas Karia and Ms.Devika Bansal, Ms.Shruti Sabharwal, Advocates, for the Respondent-6.
Mr.Jyoti Chaudhary and Mr.Sumit Malhotra, Advocates, for the Resopondent-7.

JUDGMENT

Yogesh Khanna, J. - This petition is filed by the petitioner under Section 9 of the Arbitration and Conciliation Act seeking interim relief from this Court to restrain the respondents from carrying out any construction/development activity based on the illegal Modified Development Plan dated 27.10.2022; unilateral appointment of M/s.Alotech as Co-developer; unilateral amendment of development schedule and budget of Whitefield project and doing anything which shall be detrimental to the interests of both the petitioners and the project.

2. The learned senior counsel for the respondents appearing on advance notice raises an objection qua territorial jurisdiction of this Court. It is submitted the seat of arbitration in the present matter is at Mumbai and as such only the Courts at Mumbai shall have jurisdiction to pass an order in this petition under Section 9 of the Arbitration and Conciliation Act. Clauses 17.1 and 21.3 of the shareholders agreement dated 15.10.2020, are relevant for the purpose. Those are as under:

    "17. DISPUTE RESOLUTION

    17.1 All disputes or differences regarding this Agreement shall be submitted to final and binding arbitration at the request of any of the

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