South Delhi Municipal Corporation v. Sri Sai Enterprises

$~48-49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. 455/2015 SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner versus SRI SAI ENTERPRISES ..... Respondent + O.M.P. 468/2015 SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner versus B.R. CONSTRUCTION ..... Respondent

Present:

Ms.Biji Rajesh, Advocate for Mr.Gaurang Kanth, Advocate for the petitioner.

Mr.

Paritosh Budhiraja with Ms.

Surahi Maheshwari, Advocates for the respondent.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 25.08.2017 These matters are again taken up based on an office note as there is a typographical mistake in the order of this court dated 21.08.2017. On 20.07.2017 on the submission of the learned counsel for the petitioner these matters had been transferred to the concerned District Courts, Saket, Delhi. These matters were put up for clarification by the respondent as to in which District Courts these matters be listed. By mistake on 21.08.2017 this court noted that these matters be transferred to the court of District Judge, Patiala House Courts, New Delhi.

The learned counsel for the respondent submits that the arbitration proceedings took place in the chamber of a lawyer in the Delhi High Court and hence the seat of the arbitration would be situated within the jurisdiction of the court of District Judge, Patiala House Courts, New Delhi. Accordingly, in view of the judgment of Supreme Court in the case of Indus Mobile Distribution Pvt.Ltd. v. Datawind Innovations Pvt. Ltd., 2017 (5) SCALE 60, the seat of the arbitration being in the area within the territorial jurisdiction of the Patiala House Courts, New Delhi, these matters are transferred to the court of District Judge, Patiala House Courts, New Delhi. The order of this court dated 20.07.2017 stands corrected. Parties are directed to appear before the court of District Judge, Patiala House Courts, New Delhi on the date already fixed, i.e. 11.09.2017. JAYANT NATH, J.

AUGUST 25, 2017/v