DELHI HIGH COURT
GOYAL MG GASES PRIVATE LIMITED – Appellant
Versus
STEEL AUTHORITY OF INDIA LIMITED – Respondent
Page 1/26
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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OMP (COMM) 536/2020
GOYAL MG GASES PRIVATE LIMITED
.....Petitioner
Through:
Mr. Simran Mehta, Adv.
Versus
STEEL AUTHORITY OF INDIA
.....Respondent
Through:
Mr. Sandeep Sethi, Sr. Adv. with
Ms. Veronica Mohan and Ms. Deepa
Chansoliya Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
V. KAMESWAR RAO, J. (ORAL)
1. This petition has been filed under Section 34 of the
Arbitration & Conciliation Act, 1996 (‘Act of 1996’, for short)
challenging the Award dated May 05, 2020.
2. A preliminary objection has been taken by Mr. Sandeep
Sethi, Ld. Sr. Counsel appearing for the respondent that this petition
is not maintainable in this Court. In this regard, he stated that the
Agreement dated July 20, 2005 (‘Agreement’, for short) between
the parties contains an arbitration clause in Article 25.4 (‘arbitration
clause’, for short) which clearly states that (i) the arbitration
proceedings shall be held in Durgapur, West Bengal and (ii) the
Courts of Durgapur, West Bengal shall have exclusive jurisdiction
over all matters of dispute. The parties have expressed their clear
and unmistakabl
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