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2019 Supreme(P&H) 2412

DEEPAK SIBAL
M/s Adie Broswon Breweries Pvt. Ltd. – Appellant
Versus
M/s Kla Construction Technologies Private Limited – Respondent


Advocates Appeared:
Mr. Chetan Mittal, Senior Advocate with Mr. Kunal Mulwani, Mr. Mayank Aggarwal and Mr. Aditya Sanghi, Advocates, for the Appellant; Mr. Arjun Dewan, Mr. G.S. Bedi and Ms. Anupama Kumar, Advocates, for the Respondent

JUDGMENT

Deepak Sibal, J. - The present petition is directed against the order dated 27.03.2018 passed by the Additional District Judge, Gurdaspur (for short - the Trial Court) dismissing a petition filed by the petitioner under section 34 of the Arbitration and Conciliation Act, 1996 (for short - the Act) on the ground that the Trial Court at Gurdaspur lacked territorial jurisdiction to entertain such petition.

2. The facts, in brief, which are required to be noticed for adjudicating upon the instant petition are that the petitioner intended to set up a brewery in Village Kiri Afgana, Tehsil Batala, District Gurdaspur (Punjab) and for that purpose, invited bids, in pursuance whereof, respondent no. 1 submitted its bid which was accepted. On 16.09.2010, the parties entered into an agreement which contained the terms and conditions governing the execution of the work. Clause 13.17 of the agreement pertained to arbitration and the same reads as under :-

    "13.17.1 All disputes and differences of any kind whatsoever arising out of or in connection with the Contract or carrying out of

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