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Dwarika Projects Ltd. vs Superintending Engineer, Karnal, Pwd ... on 10 May, 2019

"38. Be it noted, the word „determination‟ requires a positive act to be done. In the case at hand, the only aspect that has been highlighted by Mr. C.U. Singh, learned senior counsel, is that the arbitrator held the meeting at Kuala Lumpur and signed the award. That, in our considered opinion, does not amount to determination. The clause is categorical. The sittings at various places are relatable to [the] venue. It cannot be equated with the seat of arbitration or place of arbitration which has a different connotation as has been held in Reliance Industries Ltd. (I), (II) (supra), Harmony Innovation Shipping Limited (supra) and in Roger Shashoua (supra).
Delhi High Court Cites 11 - Cited by 6 - R Shakdher - Full Document

M/S Bajrang Trademart vs Samsung India Electronics Private ... on 11 September, 2019

For Appellant(s) : Mr. Bhrigu Sharma with Mr. Akarsh Mathur on behalf of Dr. Ram Kishan Sharma For Respondent(s) : Mr. Ashok Mishra HON'BLE MR. JUSTICE G R MOOLCHANDANI Order 11/09/2019 Learned counsel for the appellant, citing the following authorities : (i) Dwarika Projects Ltd. v. Superintending Engineer, Karnal, PWD (B&R), Haryana 2019 SCC OnLine Del 8454, (ii) Hinduja Lyland Finance Ltd. v. Debdas Routh 2017 SCC OnLine Cal 16379, (iii) Union of India v. Hardy Exploration and Forduction (India) INC 2018 SCC OnLine SC 1640, and rendering reference to the statutory provisions of Arbitration and Conciliation Act has contended that the order passed by the trial court is erroneous and in view of the law and law laid down through the citations referred, trial court was obliged to decide the application preferred under Section 9 of the Arbitration Act since powers to decide the application were vest by virtue of duality of jurisdiction (Downloaded on 06/06/2021 at 08:04:06 PM) (2 of 2) [CMA-4078/2019] with the trial court, so the impugned order be quashed and the appeal be allowed and operation of the order be stayed in the meanwhile.
Rajasthan High Court - Jaipur Cites 6 - Cited by 0 - G R Moolchandani - Full Document
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