IN MATTER OF Vs. ANIKET SA INVESTMENTS LLC

JUDGEMENT

(1.) This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, whereby the petitioner has prayed for interim measures pending the arbitral proceedings.

(2.) When the petition was taken up for hearing, learned Senior Counsel for Respondent Nos.1 and 2 has raised a preliminary objection to the jurisdiction of this Court in entertaining this petition to contend that the parties have agreed to confer exclusive jurisdiction to try and entertain the disputes, arising under the Security Subscription and Shareholder Agreement (for short "the Agreement") dated 21 August 2008. Considering the objection as raised on behalf of Respondent Nos.1 and 2, the relevant clause in the agreement would be required to be noted which read thus:

(3.) Mr. Doctor learned Senior Counsel for Respondent Nos.1 and 2 in contending that this Court would not have jurisdiction, has relied on the decisions of Supreme Court in Bharat Alimunium Company Vs. Kaiser Alimunium Technical Services, 2012 9 SCC 552 INC; Indus Mobile Distribution Pvt. Ltd. Vs. Dataways and others,2017 7 SCC 768 and in Bhahmani River Pvt. Limited Vs. Kamachi Industries Pvt. Ltd.,2019 SCCOnlineSC 949 . Referring to these decisions Mr. Doctor would contend that the law is well settled that once the parties agree to confer exclusive jurisdiction on one court the jurisdiction of other courts would stand excluded.