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2018 Supreme(P&H) 3596

SURYA KANT, SUDIP AHLUWALIA
Nhpc Ltd – Appellant
Versus
Jaiparkash Associates Ltd. And Others – Respondent


Advocates Appeared:
Aman Arora, Adv., Puneet Bali, Adv., Gaurav Chopra, Adv., Paramveer Singh, Adv., Arunabh Chowdhary, Adv., Vaibhav Tomar, Adv., Manju Goyal, Adv., Sumeet Goel, Adv., Manav Bajaj, Adv., Amitesh Mishra, Adv., Niteen Sinha, Adv., Alankar Narula, Adv.

JUDGMENT

Sudip Ahluwalia, J. - A common question for determination has arisen in all these Appeals arising out of similar orders passed by the Special Commercial Court at Gurugram, whereby the separate Applications Under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Act") filed on behalf of the Appellant were ordered to be returned in view of the objections/contentions raised on behalf of Respondents challenging the territorial jurisdiction of the said Court to entertain those applications.

2. For the sake of convenience and brevity, the factual background is being extracted from FAO-COM No.1 of 2018. The Appellant-Corporation had awarded Contracts in favour of the respective Sets of Respondents for completion of certain Projects to be accomplished in some of the NorthEastern States of the Country. However, the disputes arose between the parties on account of which, the Arbitration was invoked in pursuance of the relevant Clause No.67 of the Agreement, in which it was stipulated as follows -

    ".....Arbitration proceedings shall be held at New Delhi/Faridabad, India and the language of the Arbitration proceedings and that of all documents and communications

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