LAWS(MPH)-2013-3-271

MANI PRASAD SHARMA Vs. EICHER LTD AND ANOTHER

Decided On March 14, 2013
Mani Prasad Sharma Appellant
V/S
Eicher Ltd And Another Respondents

JUDGEMENT

(1.) This application is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996.

(2.) A preliminary objection is raised by Shri Kanoongo, learned counsel for respondent No.2, that as per clause 24 of the agreement, the jurisdiction to entertain dispute is subjected to jurisdiction of Courts in New Delhi only. By placing reliance on Balaji Coke Industries Pvt. Ltd. Vs. M/s. Maa Bhagwati Coke, 2010 1 MPWN 39, he submits that in view of clause 24, this Court has no jurisdiction. He further submits that the language employed in clause 24, makes it crystal clear that Courts within New Delhi jurisdiction alone can entertain this application. He further submits that the parties voluntarily entered into the said agreement and cannot resile and wriggle out of the said agreement.

(3.) I have heard learned counsel for the parties on the said subject.