Mahakaleshwar Infratech Private ... vs Chief Engineer National Highways ... on 26 November, 2021

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Delhi High Court - Orders

Mahakaleshwar Infratech Private ... vs Chief Engineer National Highways ... on 26 November, 2021

Bench: C. Hari Shankar

                          $~4 (original)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      ARB.P. 1081/2021 & I.A.14416/2021
                                 MAHAKALESHWAR INFRATECH PRIVATE LIMITED
                                                                       ..... Petitioner
                                            Through: Mr.Suvir Sharma and Mr.Vishal
                                            Singh, Advs.

                                                    versus

                                 CHIEF ENGINEER NATIONAL                 HIGHWAYS DIVISION
                                 UPPWD                                         ..... Respondent
                                             Through: None

                                 CORAM:
                                 HON'BLE MR. JUSTICE C. HARI SHANKAR
                                              ORDER

% 26.11.2021 I.A.14416/2021 (exemption)

1. Exemption allowed subject to all just exceptions.

2. The application is disposed of.

ARB.P. 1081/2021

3. Mr.Suvir Sharma, learned Counsel for the petitioner has placed on record the Rules of Arbitration of the Society for Affordable Redressal of the Dispute (SAROD) and invites my attention to Rule 23(1) thereof which fixes the seat of arbitration, in the case of arbitrations under the aegis of the SAROD, at New Delhi, in the absence of any resolution to Signature Not Verified the contrary. There is no covenant, in the agreement between the parties, Digitally Signed ARB.P. 1081/2021 Page 1 of 2 By:SUNIL SINGH NEGI Signing Date:30.11.2021 14:40:46 fixing the seat of arbitration elsewhere.

4. Prima facie, this Court would have territorial jurisdiction in the matter.

5. Accordingly, issue notice, returnable on 14th February, 2022. Reply, if any, be filed within four weeks with advance copy to learned Counsel for the petitioner who may file rejoinder thereto, before the next date of hearing.

6. Re-notify on 14th February, 2022.

C. HARI SHANKAR, J NOVEMBER 26, 2021/kr Signature Not Verified Digitally Signed ARB.P. 1081/2021 Page 2 of 2 By:SUNIL SINGH NEGI Signing Date:30.11.2021 14:40:46

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Delhi High Court - Orders