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REPORTABLE
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DATAWIND INNOVATIONS
PRIVATE LIMITED & ORS. … RESPONDENTS
JUDGMENT
R.F. NARIMAN, J.
1. Leave granted.
agreement would oust all other courts including the High Court of
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18 and 19 are relevant for our purpose, and are set out
hereinbelow:
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dues of Rs.5 crores with interest thereon and was called upon to
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appoint an Arbitrator.
matter, namely, Delhi and Chennai (from and to where goods were
that Delhi being the first Court that was approached would have
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tests being fulfilled on the facts of the present case, the impugned
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10. The concept of juridical seat has been evolved by the courts
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thus:
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14. This Court reiterated that once the seat of arbitration has
nothing but the “legal place” of arbitration. It was held that since
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60 and 76.1 and 76.2). This judgment was relied upon and
Limited and Others, (2015) 10 SCC 213, this Court referred to all
the earlier judgments and held that in cases where the seat of
with “seat”.
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as follows:
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“Amendment of Section 20
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19. The amended Act, does not, however, contain the aforesaid
Section 20(1) and 20 (2) where the word “place” is used, refers to
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the Act.
sense have jurisdiction – that is, no part of the cause of action may
have arisen at the neutral venue and neither would any of the
“seat” is determined, the fact that the seat is at Mumbai would vest
parties.
21. It is well settled that where more than one court has
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…………………………………..J.
(PINAKI CHANDRA GHOSE )
…….…………………………… J.
(R.F. NARIMAN)
New Delhi;
April 19, 2017.
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