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2014 Supreme(Online)(SC) 288

V. GOPALA GOWDA, C. NAGAPPAN, JJ
International Amusement Limited – Appellant
Versus
India Trade Promotion Organisation & Anr. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Abhinav Mukerji,Adv.
For the Respondents: Mr. A.K. Pandey, Adv., Mr. K.V. Upadhyay, Adv., Ms. Madhu Sikri,Adv., Mr. Vishnu B. Saharya, Adv., Mr. Viresh B. Saharya, Adv., M/s Saharya & Co., M/s. S. Narain & Co., Ms. Sushma Suri,Adv.

Table of Content
1. overview of proceedings and facts. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. arguments of appellant regarding jurisdiction and arbitration. (Para 10 , 11)

V.GOPALA GOWDA, J.

Leave granted.

2. These appeals are directed by the appellant against the common impugned judgment and order dated 16.07.2007 passed in writ petition (c) No. 2015 of 2001 and C.M. (M) No.553/2007 by the High Court of Delhi, urging various facts and legal grounds and raising two substantial questions of law which read thus:-

a) Whether the arbitration proceedings can be continued between the International Amusement Limited and the India Trade Promotion Organisation?

b) Whether the Estate Officer appointed as Arbitrator is the correct forum?

Necessary brief facts are stated hereunder with a view to find out whether the questions of law framed in these appeals would arise for our consideration.

3. The appellant herein was running an amusement park in Pragati Maidan, New Delhi since the year 1984, which was well known as “Appu Ghar”. The land for the purpose was initially allotted to the appellant by India Trade Promotion Organisation (for short ‘the ITPO) on licence basis as the lease between the Central

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