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2007 DIGILAW 1721 (SC)

G. M. C. Ice Cream Pvt. Ltd. v. Milk Food Pvt. Ltd.

2007-11-26

B.SUDERSHAN REDDY, S.H.KAPADIA

body2007
ORDER : 1. Leave granted. 2. In the present case the short question which arises for determination is whether the Delhi High Court or the Sub Judge, Gaya, has the jurisdiction to entertain and try to dispose of the Suit under Section 1 4 of the Arbitration Act, 1940. 3. Unfortunately, we find from the impugned judgment that none of the submissions raised by the parties have been adequately considered. The reasons given are perfunctory. Only submissions of the parties have been extensively quoted. 4. In the circumstances, we set aside the impugned order and remit the matter to the High Court for fresh decision in accordance with law. We request the High Court to expeditiously hear and dispose of the matter, if possible, within three months from today. 5. The appeal is disposed of accordingly.