Enercon (India) Ltd And Ors vs Enercon Gmbh And Anr on 14 February, 2014
16. This Court is of the opinion that the observations
made by the Supreme Court in the cases of Enercon
(India) Ltd. V. Enercong GMBH and Mankastu Impex
(P) Ltd. v. Airvisual Ltd. (supra) cannot be of much
assistance to the applicant, firstly because the said
judgments did not deal with such a specific arbitration
clause and the said judgments were more concerned
with the question as to what could be said to be a seat
of arbitration as opposed to a venue of arbitration. It is
in that context, the Supreme Court has recommended
adopting a pragmatic and common sense approach.