NAVIN MAKHIJA Vs. TULSI BHIMJIYANI

JUDGEMENT

(1.) By this petition, the petitioners seek interim measures under Section 9 of the Arbitration and Conciliation Act, 1996.

(2.) Admittedly, the Arbitral Tribunal has been already constituted in the above matter. The petitioners have made statement before the Arbitral Tribunal that this application would be withdrawn. The petitioners have taken out Chamber Summons in this proceedings (1215 of 2012) for seeking certain amendments. The Learned Counsel appearing for the petitioners submit that reliefs in the Chamber Summons be granted and the petitioners be permitted to withdraw this petition.

(3.) The Learned Senior Counsel appearing for the respondents, however, strongly oppose this petition on the ground that this court has no territorial jurisdiction to entertain, try and dispose of this petition and consequently this court has no jurisdiction to entertain the Chamber Summons filed by the petitioners. In view of the preliminary objection raised by the respondents this court shall first decide whether this court has jurisdiction to entertain, try and dispose of the present petition. Some of the relevant facts touching this issue are as under :-