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2024 Supreme(Online)(GUJ) 23377

HIGH COURT OF GUJARAT
MR. JUSTICE NIKHIL S. KARIEL, J
SILVER TOUCH TECHNOLOGIES LIMITED – Appellant
Versus
INCENTX LLC – Respondent


Advocates:
MR NANDISH CHUDGAR for MR PARTH GIREENDRAN K (11365) for the Petitioner(s) No. 1 MR RAVISH D BHATT(5867) for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4

ORAL JUDGMENT

1. Heard learned advocate Mr.Nandish Chudgar for learned advocate Mr.Parth Gireendran on behalf of the petitioner and learned advocate Mr.Ravish Bhatt on behalf of respondent no.1.

2. By way of this petition, the petitioner has invoked jurisdiction of this Court under Section 9 of the Arbitration and Conciliation Act, 1996 seeking for grant of interim measures.

3. It is the case of the petitioner that the petitioner is an IT Company registered under the Companies Act, 1956 providing various servicing including enterprise software services, digital transformation, ERP solutions, e-governance solution, etc. It is the case of the petitioner that respondent no.1 company is engaged in providing cloud base incentive management software solution to its clients. That the respondent no.1 had approached the petitioner for the purpose of developing a sales commission management product, web mobile applications, ‘built and operate’ model and the petitioner and the respondent no.1 had entered into a contract dated 31.12.2019 for providing Silver Offshore Development Center (ODC) Project with built and operate model.

3.1. It appears that as per the contract, the petitioner provided ma

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