JUDGEMENT
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(1.) Heard through video conferencing.
(2.) The Application is under Section 11 of the Arbitration and Conciliation Act 1996. There is a Work Order dated 1st June 2014. A
copy is annexed at page 28. This contains an arbitration clause which
says that all disputes are to be referred to arbitration in accordance
with the Arbitration and Conciliation Act 1996. The next clause says
that the contract is deemed to have been made at Mumbai and that
only Courts in Mumbai will have any jurisdiction to entertain and try
any dispute.
(3.) Accordingly, Mr Bagla submits that the Application is correctly filed in this Court especially in view of the decision of the
Supreme Court in Indus Mobile Distribution Pvt Ltd v Datawind
Innovations Pvt Ltd & Ors.(2017) 7 SCC 678. That is undoubtedly the correct position
in law. The submission in the Counter Affidavit that this Court has
no jurisdiction is based on an incorrect reading of the law as it pertains
to law governing such jurisdictional issue in the field of arbitration
law.;
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