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Delhi High Court - Orders

M/S Parwani Enterprises vs T Bhimjyani Warehousing Cold Chain Pvt. ... on 1 August, 2024

Author: Prateek Jalan

Bench: Prateek Jalan

                                          $~24
                                          *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          +           ARB.P. 1147/2024
                                                      M/S PARWANI ENTERPRISES                  .....Petitioner
                                                                   Through: Mr. Umesh Mishra, Advocate.

                                                                                         versus

                                                      T BHIMJYANI WAREHOUSING COLD CHAIN PVT.
                                                      LTD.                                      .....Respondent
                                                                   Through: Mr. Vibhu Tripathi, Advocate.

                                          CORAM:
                                          HON'BLE MR. JUSTICE PRATEEK JALAN
                                                                                         ORDER

% 01.08.2024 I.A. 35079/2024 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

ARB.P. 1147/2024

1. Issue notice. Mr. Vibhu Tripathi, learned counsel, accepts notice on behalf of the respondent.

2. Without prejudice to any other rights and contentions of the respondent, Mr. Tripathi submits that this Court lacks territorial jurisdiction to entertain this petition as the arbitration clause provides for the jurisdiction of Courts in Sonipat. Mr. Umesh Mishra, learned counsel for the petitioner, disputes this reading of the agreement, and draws my attention to the fact that it has been specifically stated that arbitration will be held in Delhi.

ARB.P. 1147/2024 Page 1 of 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/08/2024 at 02:28:44

3. The respondent is at liberty to file a reply to the petition within two weeks. The parties may also file their written submissions on the question of jurisdiction within the same period.

4. List on11.09.2024.

PRATEEK JALAN, J AUGUST 1, 2024 SS/ ARB.P. 1147/2024 Page 2 of 2 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/08/2024 at 02:28:44