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SONIA GOKANI, HEMANT M. PRACHCHHAK
Datang Technologies and Engineering India Pvt Ltd. – Appellant
Versus
Sarjan Construction Pvt Ltd. – Respondent
JUDGMENT :
Sonia Gokani, J.
1. The appellant is before this Court with this appeal under Section 37(1) of the Arbitration and Conciliation Act, 1996 read with Section 13 of the Commercial Court Act against the order dated 03.09.2021 passed by the learned Additional District Judge, Rajula in Civil Misc. Application No. 08 of 2021 whereby the Court allowed the application of the respondent no.1 under Section 9 of the Arbitration and Conciliation Act, 1996 for stay on invocation of performance bank guarantee till finalization of the public works under the contract.
2. The grievance on the part of the appellant is that the contract between the parties stood terminated and yet the direction had been issued by the Court to complete the public work as agreed in the contract. The facts leading to the present appeal are as follows:-
2.1. The appellant invited the offer for work of Pile Foundations of Wet Limestone Based Flue Gas Desulphurization Plan for GSECL Wanakbori STPS Unit-8 (1*800 MW) FGD Project Construction and Installation, whereby the respondent no.1 submitted his final offer on 01.07.2020. A Letter of Award (for short ‘LOA’) dated 17.07.2020 was issued by the appellant to the respo
The jurisdictional seat of arbitration was Panchkula in Haryana, and not Delhi, as the arbitrator had fixed the jurisdictional seat under Section 20(2) of the Act before any party had moved the court....
The seat of arbitration is the place where the arbitration proceedings are held and not the place where the cause of action arose. The courts at the seat of arbitration have exclusive jurisdiction to....
Point of Law : There was concurrent jurisdiction conferred on the courts ceased with subject matter in dispute and the courts where arbitration was carried out.
The choice of seat of arbitration has the legal effect of conferring exclusive jurisdiction on the Courts of that seat and no other Court would have jurisdiction under the arbitration agreement.
The determination of the arbitration 'seat' and 'venue' is critical; if the 'venue' does not specify a 'seat', jurisdiction lies with the designated court under the arbitration agreement.
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