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Showing contexts for: Virgo softech in Virgo Softech Ltd vs National Institute Of Electronics And ... on 3 November, 2025Matching Fragments
6. Learned Counsel for the Respondent vehemently objects to the present Petition on the ground that this Court does not have the territorial jurisdiction to entertain the present Petition and the parties must approach the jurisdictional court, that is, the courts in Chandigarh as per Clause 8.2 of the Contract, for seeking extension of time.
7. Learned Counsel for the Respondent urges before this Court that in another petition filed under Section 11 preferred by the Petitioner by this Court in Arb P. No. 754/2018 and Arb P. No. 755/2018, both titled Virgo Softech Ltd. vs. National Institute of Electronics and Information Technology, this Court had concluded vide its order dated 30.11.2018 that this Court did not have the territorial jurisdiction to entertain the petition. The challenge to the said order dated 30.11.2018 before the Apex Court in SLP (C) No. 5063-5064/2019 was also rejected by the order dated 25.03.2019 passed by the Apex Court dismissing the SLPs. It is to be noted that the Judgment of this Court in Arb P. No. 754/2018 and Arb P. No. 755/2018 is no longer good in law as the said judgment relies on the Judgment of the Apex Court in Union of India vs. Hardy Exploration and Production (India) INC, 2018 SCC OnLine SC 1640 which is not good in law as held by the Apex Court in BGS SGS Soma JV v. NHPC, (2020) 4 SCC 234.
5. Having perused the decision of the Coordinate Bench in Virgo Softech Ltd. (supra), I find that similar pleas as raised by the respondent in the present petitions, already stand rejected by the Coordinate Bench, by holding that in view of the specific provision in the addendum dated 11.01.2018 the petitioner would be entitled to invoke arbitration, it could not be said that there was no subsisting dispute between the parties."
10. Perusal of the above-extracted paragraphs shows that the it is referring to an ARB.P.802/2021. Learned Counsel for the Petitioner has taken this Court through the judgment dated 05.08.2022 passed by a Coordinate Bench of this Court in ARB.P.802/2021 in a matter titled Virgo Softech Ltd. v. National Institute of Electronic and Information Technology, wherein it has been categorically held that in view of the fact that the arbitration clause This is a digitally signed order.