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DELHI HIGH COURT
ANUP JAIRAM BHAMBHANI, J
M/S AXALTA COATING SYSTEMS INDIA PVT. LTD. – Appellant
Versus
M/S MADHUBAN MOTORS PVT. LTD. – Respondent
| Table of Content |
|---|
| 1. petition seeks an arbitrator under a&c act. (Para 1 , 2) |
| 2. arbitration agreement denotes venue in new delhi. (Para 6 , 7) |
| 3. respondent disputes jurisdiction based on seat designation. (Para 10 , 11 , 12) |
| 4. court must ascertain jurisdiction per arbitration agreement. (Para 19 , 20) |
| 5. court asserts jurisdiction based on agreement interpretation. (Para 27 , 29) |
JUDGMENT
ANUP JAIRAM BHAMBHANI J.
By way of the present petition filed under section 11(5) of the Arbitration & Conciliation Act 1996 („A&C Act‟), the petitioner/M/s Axalta Coating Systems India Pvt. Ltd. seeks appointment of a sole arbitrator to adjudicate upon the disputes that are stated to have arisen with the respondent/M/s Madhuban Motors Pvt. Ltd. from Supply Agreement dated 10.08.2016 („Supply Agreement‟).
2. Notice on this petition was issued on 21.09.2023; however, no reply has been filed thereto.
3. Learned counsel for the parties have however filed their respective written submissions.
4. As per the record, the petitioner first issued lawyer‟s notice dated Signature Not Verified 02.06.2022 raising upon the respondent a demand arising from the Supply Agreement; which demand was rejected by the respondent
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