Modern Prefab Systems Private Limited v. Steel Authority Of India Limited (Sail) & ANR.

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 632/2024 & I.As. 37033-34/2024. MODERN PREFAB SYSTEMS PRIVATE LIMITED .....Petitioner Through:

Mr.

Aditya Kumar, Mr.

Parv Verma, Mr.

Angad Gautam, Advocates [9818748200].

versus STEEL AUTHORITY OF INDIA LIMITED (SAIL) & ANR.

.....Respondents Through:

Mr. Sunil K. Jain, Mr. Deepanshu Jain, Mr.

Shaantanu Jain, Ms.

Rashika Swarup, Advocates for SAIL.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 22.08.2024 1.

During the course of arguments, Mr. Sunil K. Jain, learned counsel for respondent No. 1 - Steel Authority of India Limited, who appears on advance notice, draws my attention to clauses 9.1 and 9.2 of the Contract Agreement dated 30.04.2014, which provide that arbitration will be held under the Rules of the Indian Council of Arbitration. The venue of arbitration is New Delhi, but exclusive jurisdiction has been vested in the Courts in Durg, Chhattisgarh. He submits that in these circumstances, the seat of the arbitral proceedings is in Durg, Chattisgarh and all O.M.P.(MISC.)(COMM.) 632/2024 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 27/08/2024 at 11:44:24

proceedings must be instituted in the Courts having jurisdiction there. 2.

Learned counsel for the petitioner seeks permission to withdraw the petition, with liberty to approach the Court of competent jurisdiction. 3.

The petition, alongwith pending applications, is dismissed as withdrawn with liberty as aforesaid.

PRATEEK JALAN, J AUGUST 22, 2024 'Bhupi'/ O.M.P.(MISC.)(COMM.) 632/2024 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 27/08/2024 at 11:44:24