CALDERYS INDIA REFRACTRIES LTD. Vs. A2Z POWERCOM LTD.

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act (hereinafter referred to as 'the Act') for appointment of a Sole Arbitrator on the premise that a dispute has arisen between the petitioner and the respondent. Pursuant to the Clause 9 of the Work Order and Clause 14 of the Purchase Order, the petitioner has sent a notice dated 17.07.2012 by registered post invoking the arbitration clause to concur in the appointment of the arbitrator but respondent had not concurred and sent a reply. The petitioner filed a Miscellaneous Civil Application No. 912 of 2013 under Section 11(6) of the Act for appointment of arbitrator before the High Court of Judicature at Bombay, Nagpur Bench on 30.08.2012. The petition was dismissed vide order dated 17.01.2014. The petitioner had sought a liberty to file the application before the appropriate court and because the respondent had taken an objection as to the territorial jurisdiction. The said liberty was granted to the petitioner and therefore, the present petition. The arbitration clause stipulates that the venue of arbitration is Gurgaon.

(2.) IT is submitted that since the respondent had concluded the contract at New Delhi, the purchase orders were received at New Delhi and all the goods were also supplied from New Delhi, hence, this court has the territorial jurisdiction.

(3.) I have heard the arguments and perused the documents.