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DELHI HIGH COURT
VIBHU BAKHRU
Hashmat Singh Khurana – Appellant
Versus
Tantra Designs Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. details about the apartment and agreement. (Para 2 , 3 , 4 , 5 , 6 , 8 , 9) |
| 2. dispute existence and assertion by parties. (Para 10 , 11) |
| 3. jurisdictional analysis under a&c act. (Para 12 , 13 , 14) |
| 4. jurisdiction established by prior applications. (Para 15 , 17 , 18) |
| 5. petition granted, arbitrator appointed. (Para 20) |
| 6. next hearing date set. (Para 21) |
JUDGMENT
[Hearing Held Through Video-conferencing]
Vibhu Bakhru, J. (ORAL)--The petitioner has filed the present petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereafter `the A&C Act'), inter alia, praying as under:-
"i. Appoint a sole Arbitrator for adjudication of disputes between the parties and direct that the arbitration proceedings be conducted as per the Rules of the Delhi International Arbitration Centre, Delhi High Court, New Delhi.
ii. Award Costs of these proceedings in favour of the Petitioner and against the Defendant"
2. The petitioner had purchased an apartment (1BHK apartment, bearing No. B-2, First Floor, Building `C' in Project, named, "Devasthali-the Valley of Gods" located at property No. 11/49 situated at Issorcim Village, Mormugao Taluka) from the respondent. The
The court affirmed its jurisdiction to appoint an arbitrator and adjudicate disputes despite claims of exclusive jurisdiction by another venue, emphasizing the validity of the arbitration agreement a....
The court established that jurisdiction under Section 42 of the A&C Act allows it to entertain disputes for arbitration despite claims of exclusive jurisdiction in another court.
Existence of an arbitration agreement obligates the parties to resolve disputes through arbitration, and defenses regarding performance issues must be addressed in arbitration, not as a basis to cont....
The designation of a location for arbitration proceedings does not establish the seat of arbitration, impacting the court's territorial jurisdiction over related petitions.
The court upheld party autonomy, determining that the High Court has jurisdiction to appoint a Sole Arbitrator even with an exclusive jurisdiction clause designating Gurugram as the venue.
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