Jaipuria Buildcon Pvt.Ltd & ORS. v. M/S India Infoline Finance Ltd

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 29/2017 & IA No. 1000/2017 & 1003/2017 JAIPURIA BUILDCON PVT.LTD & ORS.

..... Petitioner Through:

Mr.Abhinav Agnihotri, Adv.

versus M/S INDIA INFOLINE FINANCE LTD ..... Respondent Through:

Mr.Vibhor Garg, Mr.Tushar Gupta & Ms.Harneet Kaur, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 07.03.2018 This is a petition challenging the Arbitral Award dated 23.03.2016 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Loan Agreement dated 24.01.2013. The counsel for the respondent draws my attention to Clause 17.16 of the Loan Agreement which is reproduced in the Impugned Award and which specifically states that the arbitration proceedings are to be held at Mumbai and the Courts of competent jurisdiction at Mumbai will have the exclusive jurisdiction over the subject matter of the dispute and also the arbitration. He submits that the Impugned Award has also been passed at Mumbai in the arbitration proceedings that were conducted at Mumbai. In view of the above and relying upon the judgment of the Supreme Court in Indus Mobile Distribution Pvt. Ltd. v. Datawind Innovations Pvt. Ltd. & Ors. (2017) 7 SCC 678, this Court would not have the jurisdiction to entertain the present petition. The petition and the pending applications are

dismissed for want of jurisdiction granting leave to the petitioner to approach the Court of competent jurisdiction as per law. NAVIN CHAWLA, J MARCH 07, 2018/rv