RSSB has also opposed the present petition on the plea that this court does not have the jurisdiction to entertain the present petition as the construction works were executed in Ludhiana and the agreement dated expressly provided that the courts at Ludhiana would have the exclusive jurisdiction regarding the subject agreement. RSSB claims that the effect of this MoU is that the agreements in question stood discharged by novation. GBPL had entered into a Memorandum of Understanding (hereafter 'MoU') dated with Fortis Hospitals Limited (hereafter 'Fortis'), which is stated to be the assignee of RSSB. (2.)The respondent (hereafter 'RSSB') disputes the existence of an arbitration clause as it claims that the agreements in question stand discharged and the arbitration clause contained therein has also perished. 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') praying that an arbitrator be appointed to decide the disputes between the petitioner and the respondent in relation to the agreements dated and entered into between the parties. (1.)The petitioner (hereafter 'GBPL') has filed the present petition under Sec.
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