INTERCONTINENTAL HOTELS GROUP (INDIA) PVT LTD THRO Vs. ITS AUTHORIZED SIGNATORY, VENKATESH GOMATAM & ANR

JUDGEMENT

(1.) These petitions have been filed by the petitioners under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') due to termination of the Hotel Management Agreement(s) by the respondent. As the facts are almost common in all aspects, the same are being taken from OMP (I) (Comm.) No.220/2018 for the sake of convenience.

(2.) It is the case of the petitioners, that the petitioners had entered into a Hotel Management Agreement dated 7th November, 2011 with the respondent. By way of the Second Amendment executed on 31st March, 2017 to the said agreement, an exit option was provided to the respondent in form of clause 23. The respondent claiming to exercise its right as provided by the Second Amendment to the agreement, sought to terminate the Hotel Management Agreement by way of its notice dated 27th April, 2018. There are disputes between the parties as to whether the respondent was entitled to rely upon clause 23 as inserted by way of the Second Amendment to the Agreement or not.

(3.) Learned senior counsel for the respondent at the outset raises the issue of territorial jurisdiction of this Court to entertain the present petition. He draws my attention to paragraph 91 of the petition, which is reproduced herein under:-