Bhookan Saran Vs Hindustan Petroleum Corporation Ltd. and Another

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Court No. - 2

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Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 73 of 2021

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Applicant :- Bhookan Saran Opposite Party :- Hindustan Petroleum Corporation Ltd. And Another

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Counsel for Applicant :- Nikhil Mishra,Archit Mehrotra Counsel for Opposite Party :- Vikas Budhwar

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Hon'ble Suneet Kumar,J.

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Supplementary counter affidavit filed today, is taken on record.

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Heard learned counsel for the applicant/petitioner and Shri Vikas Budhwar assisted by Shri Mohd. Atif learned counsel for the respondent.

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The instant petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an arbitrator. Learned counsel for the respondent, at the outset, has drawn attention of the Court to the arbitration clause to submit that this Court at Lucknow would have jurisdiction. This Court lacks jurisdiction in view of the Clause 67 noted and accepted in the agreement. Clause 67 reads thus:

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"This agreement has been at Lucknow and all payments thereunder shall be due and made at Lucknow unless otherwise directed by the Corporation, the Court in the city of Lucknow alone shall have jurisdiction to entertain any suit, application or other proceeding in respect of any claim or dispute arising under this agreement."

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This fact is not being disputed by learned counsel for the applicant/petitioner. Since pleadings have been exchanged, having due regard to the decision rendered in M/s Hari Om Enterprises vs. M/s Eva Exotica Pvt. Ltd., (Arbitration and Conciliation Application U/S 11(4) No. 56 of 2020), the record is to be self remitted to this Court at Lucknow, Registry to take necessary steps so that the records are received by the Court at Lucknow, not later than 30 September 2021. On receipt of the record at Lucknow, the Registry at Lucknow, to place the matter before the appropriate Bench having jurisdiction.

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Order Date :- 16.9.2021 Mukesh Kr.

Bhookan Saran v. Hindustan Petroleum Corporation Ltd. and Another

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Bhookan Saran v. Hindustan Petroleum Corporation Ltd. and Another

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