Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 17 CS (COMM.) 375/24 Mohd Gulnawaz Vs. M/s Shapoorji Pallonji
30.07.2024
Present: Sh. Mohd. Yusuf, ld. Counsel for plaintiff.
Sh. Saurabh Bindal and Ms. Akshita Salampuria, ld.
Counsels for defendant.
Summons sent for service upon defendant received as per
which defendant has been served on 03.05.2024.
Written Statement, Statement of Truth, list of documents,
Declaration of Oath by way of affidavit under Order XI Rule 6 of
Commercial Courts Act, affidavit of admission-denial of documents
and an application on behalf of defendant under Section 8 of
Arbitration and Conciliation Act along with documents as well as
Vakalatnama is on record. Copy already supplied.
Ld. Counsel for defendant submits that in view of
provisions under Section 8 of Arbitration and Conciliation Act, this
court is not vested with jurisdiction to entertain the present suit. She
further states that there exists a valid Arbitration agreement as a
mechanism for resolution of disputes between the parties and invited
attention to Clause 12 of Work Order entered between plaintiff and
defendant which contains the Arbitration Clause as detailed in para 5
of the application. She emphasized that in terms of aforesaid
arbitration clause of Work Order dated 16.08.2023, the application
under Section 8 of Arbitration and Conciliation Act, 1996 (as
amended) moved on behalf of defendant be allowed.
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Ld. Counsel for plaintiff seeks time to file reply to
aforesaid application.
Reply be filed within one week with advance copy
supplied to opposite party.
Rejoinder if any be thereafter filed within one week with
advance copy supplied to opposite party.
Be listed for arguments on 20.08.2024.
VINEETA GOYAL
District Judge (Commercial Court-03)
PHC / New Delhi / 30.07.2024
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