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2013 Supreme(Guj) 464

R.D.KOTHARI
INTERCONTINENTAL HOTELS GROUP-INDIA PRIVATE LIMITED – Appellant
Versus
SHIVA SATYA HOTELS PRIVATE LIMITED – Respondent


Advocate Appeared:
MR. MIHIR JOSHI, Sr. Advocate with MR. SANDEEP SINGHI for SINGHI & CO, ADVOCATE for the Appellants MR. KAMAL TRIVEDI, Sr. Advocate with MS SANGEETA VISHEN, with MR ABHISHEK M. MEHTA with MR HURSH JANI, WITH MR VINAY VISHEN, ADVOCATES for the Respondent

JUDGMENT

1. Intercontinental Hotel Group (India) Private Limited (‘IHG’) – appellant herein, being aggrieved by the order passed by the City Civil Court (Court No.16), Ahmedabad, in an application under Section 9 of the Arbitration Act, has filed the present appeal.

2. The appellants and the respondent entered into an agreement for running a hotel of international standard at Sapath-V, S.G.Road, Ahmedabad. The parties had entered into a management agreement. It is dated 19.8.2008. It was agreed upon that respondent would construct / build hotel as per the terms and conditions set out in the agreement. The said hotel was to run in the name of Hotel Crown Plaza – said to be brand standard of the appellants. Under the agreement, appellants were to run and manage the hotel for 20 years. Agreement had also clause for renewal and extension of period. Mode of sharing the profit / income was also agreed upon between the parties. It was agreed that all the disputes arising out of the agreement shall be referred to Singapore International Arbitration Centre. On 8.4.2013, the respondent had terminated the agreement entered into with the appellants. The appellants had moved City Civil Court, A







































































































































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