Adesh Enterprises Llp & Ors. vs Vinod Kumar Goswami & Ors. on 16 March, 2017

1. There is a preliminary objection raised by the learned counsel for the
Respondents to the entertaining of the present petition under Section 9 of the
Arbitration and Conciliation Act 1996 (‘Act’) on the ground that the lands in
respect of which the interim relief is sought are located in Uttarakhand,
outside the territorial jurisdiction of this Court.

2. In particular, reference is made by Ms. Manmeet Arora, learned counsel
for the Respondents, to the decision in Harshad Chiman Lal Modi v. DLF
Universal 2005 (7) SCALE 533 to state that it is only the Court within
whose jurisdiction the land is located which will have jurisdiction to
entertain a suit for specific performance pertaining to such land irrespective

O.M.P.(I) (COMM.) 442/2016 Page 1 of 8
of where the parties are based. Reference is also made to the decisions of the
learned Single Judge of this Court in PCP International Limited v. Lanco
Infratech Limited 2015 SCCOnLine Del 10428 and Sravanthi Infratech
Private Limited v. Tricolite Electrical Industries Limited 237 (2017) DLT

Source: Indian Kanoon

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