MAYO DESIGN Vs. YASKAWA ROBOTICS INDIA LTD

JUDGEMENT

(1.) Learned Counsel for the respondent has taken instructions and he submits that the respondent challenges the territorial jurisdiction of this Court to appoint the Arbitrator. I have heard learned Counsel for the parties and proceed to deal with the said challenge.

(2.) It is not in dispute that the respondent had placed the purchase order dated 6.6.2011 on the petitioner while its registered office was situated at 43, Community Center, third floor, Bhageria House, New Friends Colony, New Delhi, which purchase order was issued from the said address. It is also not in dispute that the original agreement contained in the purchase order did not contain an arbitration agreement. The arbitration agreement came to be entered in conciliation proceedings held on 30.8.2012.

(3.) The submission of learned Counsel for the respondent is that by the time disputes had arisen between the parties, in respect whereof conciliation was held on 30.8.2012, the registered office of the respondent had shifted to Bangalore. He submits that, therefore, this Court would not have jurisdiction to appoint the Arbitrator.