Calcutta High Court
Damodar Valley Corporation vs Bla Projects Pvt Ltd on 31 August, 2023
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
OCD-8
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Commercial Division)
AP/473/2021
IA NO: GA/1/2021, GA/2/2022
DAMODAR VALLEY CORPORATION
VS
BLA PROJECTS PVT LTD.
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 31st August, 2023.
Appearance:
Mr. Kanishk Kejriwal, Adv.
Ms. Paramita Banerjee, Adv.
...for the petitioner
Mr. Debdeep Sinha, Adv.
...for the respondent
The Court: Learned counsel appearing for the petitioner has placed the law on the subject in essence that the arbitration should be anchored to the place which the parties intended to understand as the seat of the arbitration as opposed to the venue which is a matter of convenience. Counsel also submits that the arbitration clause in the Agreement will have precedence over the governing law clause in the Agreement. Counsel also submits that the arbitration clause in the contract Agreement dated 30th April, 2018 is the one which governs the relationship between the parties relevant for the purposes of the present application.
List this matter on 13th September, 2023.
(MOUSHUMI BHATTACHARYA, J.) kc