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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR
Kuber Mart Global Hub Private Limited – Appellant
Versus
Kuber Mart Industries Private Limited – Respondent
| Table of Content |
|---|
| 1. interim measures petition under arbitration act. (Para 1 , 2 , 3 , 4 , 5 , 6 , 9) |
| 2. arguments on non-arbitrability and jurisdiction. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. court's analysis on judicial scrutiny under section 9. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. distinction between arbitrable and non-arbitrable disputes. (Para 30 , 31 , 32 , 33) |
| 5. existence of arbitration clause does not imply jurisdiction. (Para 34 , 35 , 36 , 37 , 38) |
| 6. conclusion: petition is dismissed. (Para 40 , 41 , 42 , 43) |
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR, J.
1. The present petition, under Section 9 of theArbitration and Conciliation Act, 1996 [A&C Act] has been filed on behalf ofKuber Mart Global Hub Private Limited[The Petitioner] seeking interim measures, pending Arbitration. The prayer clause to the petition reads as follows:
“ln view of the above facts and circumstances of the case, it is most humbly prayed that this Hon’ble Court, may be pleased to: a. Pass an order directing tile Respondent to deposit an amount of INR 40 Crores (Indian Rupees Forty Crores Only), being the approximate value of the Leased Premises as of date;
b. Or in the alternative t
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