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2025 Supreme(All) 3137

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Arun Bhansali, Kshitij Shailendra
Samiah International Builders Ltd. – Appellant
Versus
Green View-II Sahkari Awas Samiti Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shashi Nandan (Sr.Adv.) with Mr. Abhishek Rai, Mr. Kartik Rai
For the Respondent: Mr. Rakesh Pande (Sr.Adv.) with Mr. Gaurang Kulshreshtha

JUDGMENT :

Arun Bhansali, CJ.

1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (‘the Act’) is directed against the order dated 13.01.2025 passed by Commercial Court No. 2, Gautam Buddha Nagar, whereby the application filed by the appellant under Section 9 of the Act for grant of interim measures against the respondent for lack of territorial jurisdiction has been dismissed.

2. The appellant is the builder and developer and respondent is a Cooperative Housing Society, which was allotted land by Greater Noida Industrial Development Authority for development and construction of multi-storey Group Housing Complex. Initially, after issuing tender, Arcmate Housing Solutions Pvt. Ltd. along with the appellant formed a consortium and was granted contract by the respondent and the work was awarded to the consortium on 08.02.2013. A construction contract was entered into on 11.03.2013. The contract was amended on 11.11.2013 and on account of delay, the same was again amended on 25.04.2016. Further, an addendum to the existing agreements was entered into between the parties on 14.12.2017. Subsequently, a quadripartite agreement dated 15.03.2020 was executed between t

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