SATISH BUILDERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Award of Work for Construction of Apartment Tower (T- 2) at Indian Institute of Science Education & Research (IISER), Bhopal including Water Supply, Sanitary Installation, Drainage and Electrical Works. The said agreement contains an Arbitration Agreement between the parties in Clause 25 of the General Conditions of Contract (GCC).

(2.) Disputes having arisen between the parties, the petitioner invoked the Arbitration Agreement by its letter dated 03.03.2018. Having received no response from the respondent, the present petition was filed.

(3.) The counsel for the respondent submits that this Court would not have territorial jurisdiction to entertain the present petition inasmuch as the agreement between the parties vests jurisdiction in Courts where the headquarter of the division of the respondent, which has floated the tender is situated. He submits that as in the present case the headquarter is situated in Bhopal, Madhya Pradesh, only the High Court at Madhya Pradesh would have jurisdiction under Section 11 of the Act.