Case Law Details
Hasmukh Prajapati Vs Jai Prakash Associates Ltd. (Allahabad High Court)
Facts- There was a dispute between the Petitioner and the Respondent with regard to payments in respect of an apartment. When the matter reached the stage of Arbitration, the Petitioner claimed that, as per the agreement, in case of any dispute arising between the parties, the place of the arbitration will be at New Delhi.
The High Court appointed a sole arbitrator, having its seat at New Delhi, which partly allowed the claim of the petitioner.
Assailing the arbitral award, the respondent preferred an Arbitration Application under Section 34 of Arbitration and Conciliation Act, before District Judge, Gautam Budh Nagar, which proceeded with the case and issued notice to the petitioner.
The petitioner then moved an application before the Commercial Court, questioning the legality and validity of arbitration proceedings under Section 34 of the Act in Gautam Budh Nagar. The same came to be dismissed, following which, the petitioner approached the High Court through the present petition.
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