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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR
Ansal Housing Limited – Appellant
Versus
SS Infrastructures Pvt. Ltd – Respondent
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR, J.
1. The present Petitions, being O.M.P.(I) (COMM.) 43/2026 and O.M.P.(I)(COMM.) 44/2026, have been filed under Section 9 of the Arbitration and Conciliation Act, 1996, [A&C Act]. In both Petitions, the prayers are identically worded and, in substance, read as follows:
"a) Grant an interim injunction restraining the Respondent, from alienating, transferring, encumbering, or otherwise dealing with its respective portions of the project land, and from issuing or publishing any further public notices, statements, or communications that dilute, impair, or challenge the Petitioner‘s development rights in the project;
b) Restrict and restrain the Respondent from acting upon the Termination Letters and the Public Notice, and stay the effect and operation thereof during the pendency of the present proceedings;
c) Direct the parties to maintain status quo with respect to the title, nature, character, possession, and physical condition of the project land, including any constructions or developments thereon;
d) Restrain and direct the Respondent from taking any action that would nullify, withdraw, suspend, or otherwise affect the validity, operation, or e
Designation of the seat of arbitration must be clearly expressed; conflicting jurisdiction clauses require a harmonious construction favoring the overarching agreement.
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 ....
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.
In a domestic arbitration, the selected forum should have precedence over the seat of arbitration to give primacy to party autonomy.
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....
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 distinction between 'seat' and 'venue' of arbitration is crucial, with the seat determining jurisdiction, which in this case was Ahmedabad despite the venue being New Delhi.
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