M/S Tast Healthy Foods India Pvt. ... vs Gail India Ltd. Thr. Its Zonal ...
2022 Latest Caselaw 4922 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       AC No. 92 of 2021
                (M/S TAST HEALTHY FOODS INDIA PVT. LTD. THR. ITS DIRECTOR ARUN SHRIVASTAV Vs GAIL INDIA LTD.
                                   THR. ITS ZONAL GENERAL MANAGER/ OFFICER IN CHARGE)

              Dated : 05-04-2022
                              Shri Siddharth Sharma, learned counsel for the petitioner.

                              Shri Shiv Shankar Bansal, learned counsel for the respondent.

Instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 has been filed for appointment of Arbitrator.

Learned counsel for the respondent, at the outset, referred the reply filed by

the respondent (GAIL) and referred the judgment of Apex Court in the case of M/s Swastik Gases P. Ltd. Vs. Indian Oil Corporation Ltd. reported in 2013 9 SCC 32 while referring the arbitration clause in agreement between the parties and submitted that venue of arbitration can only be held at Delhi.

Learned counsel for the petitioner after initially resistance and persuasion, agreed upon the term that petitioner would appear before the Arbitrator at Delhi. He referred the fact that the petitioner and respondent both agreed upon the Arbitrator Justice K.K. Lahoti (Former Judge) resides at Delhi to be the sole Arbitrator. Petitioner is ready to submit before his jurisdiction at Delhi.

At this stage, learned counsel for the respondent prays for one week' time to seek instruction in the matter.

List on 18.04.2022.

(ANAND PATHAK) JUDGE

Rashid RASHID KHAN 2022.04.06 10:41:48 +05'30' 11.0.8