IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ.
National Dairy Development Board – Appellant
Versus
Harsh Agrawal – Respondent
ORDER :
SUNITA AGARWAL, CJ.
1. Having heard Mr. Udit N. Vyas, learned counsel for the petitioner and Mr. Harsh Agrawal, respondent appearing as party-in-person and perused the record, pertinent is to note that the present petition has been filed by the National Dairy Development Board, an institute of national importance, constituted by an Act of Parliament namely the National Dairy Development Board Act, 1987. It is stated in the petition that the petitioner – Board can sue and be sued in its own name. The petitioner has been appointed as the Nodal Agency for implementation of a scheme namely Rashtriya Gokul Mission launched by Animal Husbandry and Dairying, Government of India for development and conservation of indigenous bovine breeds. Financial assistance in the nature of subsidy/grant in aid is to be provided to the beneficiaries which are desirous of establishing and operating Breed Multiplication Farms to the extent of 50% of the capital cost subject to a maximum of INR 2 crore per applicant.
2. The respondent namely Mr. Harsh Agrawal had applied for subsidy of INR 200 Lakhs under the Breed Multiplication Farms Scheme (in short referred as “BMF Scheme”), on the designated port
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The designation of a venue for arbitration also constitutes the seat, thus excluding jurisdiction of other courts as per party autonomy principles.
An arbitration agreement exists despite challenges, and an independent arbitrator must be appointed due to conflicts of interest with the originally named arbitrator.
The arbitration proceedings can only be challenged on jurisdictional grounds established under the Arbitration and Conciliation Act, and timeliness in raising such challenges is critical.
The court emphasized that the clear jurisdiction clause within the arbitration agreement led to habitual jurisdiction in the appointed court, regardless of other locations of execution.
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