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2009 Supreme(Del) 378

SHIV NARAYAN DHINGRA
Online Hotel Reservations Pvt. Ltd. – Appellant
Versus
Classic Citi Investment Pvt. Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Rajshekhar Rao and Arshdeep Singh, Advs.
For Respondents/Defendant: Kailash Vasudev and Arjun Chakraborty, Advs.

JUDGMENT

Shiv Narayan Dhingra, J.

1. This application/petition has been made under Section 9 of the Arbitration and Conciliation Act by the petitioner with a prayer that this Court should restrain the respondent from terminating the contracts dated 7.8.2007 & 25.10.2007 whereby the respondent had engaged petitioner for online hotel reservations. The contention of the petitioner is that the contracts entered into between the parties were fixed term contracts for a period of five years. The petitioner however, has recently learned that the respondent in contravention of the contracts has terminated the same without issuing any prior notice to the petitioner, by approaching the service provider and communicating that the respondent’s hotels be taken offline. Prayer is made that this Court should restrain the respondent from terminating the contracts and should issue mandatory injunction directing respondent to recall its notice of termination and should restrain respondent from switching from services to another system.

.2. The respondent who has put appearance has raised objection in respect of territorial jurisdiction concerning one of the agreements. However, irrespective of the te










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