Naveen Malhotra & ORS. v. Capital First Ltd.

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (COMM) 111/2017 NAVEEN MALHOTRA & ORS.

..... Petitioners Through Mr. S C Singhal, Advocate

Versus

CAPITAL FIRST LTD.

..... Respondent Through Mr. Karan Luthra and Ms. Gunika Gupta, Advocates

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 27.04.2017 The learned counsel for the petitioner prays that the petition be returned to be filed before the appropriate court in Mumbai as the arbitration was conducted in Mumbai and the contract between the parties expressly provides that courts of Mumbai would have exclusive jurisdiction regarding the subject matter of the contract/ agreement.

The learned counsel for the respondent has no objection if the present petition is returned as prayed for, subject to all the rights and contentions of the respondent being kept open including its right to object to request for exclusion of time under section 14 of the Limitation Act.

In view of the above, Registry is directed to return the above

captioned petition to be filed before the appropriate court in Mumbai, within a period of four weeks from today. All rights and contentions of the parties are kept open.

VIBHU BAKHRU, J APRIL 27, 2017 sm