PINAKI CHANDRA GHOSE, ROHINTON FALI NARIMAN
INDUS MOBILE DISTRIBUTION PRIVATE LIMITED – Appellant
Versus
DATAWIND INNOVATIONS PRIVATE LIMITED – Respondent
JUDGMENT
R.F. NARIMAN, J.
1. Leave granted.
2. The present appeals raise an interesting question as to whether, when the seat of arbitration is Mumbai, an exclusive jurisdiction clause stating that the courts at Mumbai alone would have jurisdiction in respect of disputes arising under the agreement would oust all other courts including the High Court of Delhi, whose judgment is appealed against.
3. The brief facts necessary to appreciate the controversy are that Respondent No.1 is engaged in the manufacture, marketing and distribution of Mobile Phones, Tablets and their accessories. Respondent No.1 has its registered office at Amritsar, Punjab. Respondent No.1 was supplying goods to the appellant at Chennai from New Delhi. The appellant approached Respondent No.1 and expressed an earnest desire to do business with Respondent No.1 as its Retail Chain Partner. This being the case, an agreement dated 25.10.2014 was entered into between the parties. Clauses 18 and 19 are relevant for our purpose, and are set out hereinbelow:
“Dispute Resolution Mechanism:
Arbitration: In case of any dispute or differences arising between parties out of or in relation to the construction, meaning, scope
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