EVEREST ENTERPRISES Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) Present petition under Section 11 of the Arbitration and Conciliation Act, 1996 has been preferred by the petitioner herein for an appropriate order to appoint a sole Arbitrator to adjudicate the upon the claims of the petitioner and the dispute between the petitioner and the respondents arising out of the work order dated 10.09.2008.

(2.) Shri Zubin Bharda, learned advocate appearing on behalf of the petitioner has submitted that as there is a dispute between the petitioner and the respondents arising out of the work order dated 10.09.2008, as per the Arbitration Clause 4.1 contained in tender agreement, such a dispute is required to be referred to Arbitration. It is further submitted that therefore, the petitioner invoked the Arbitration clause by notice dated 10.12.2008 and requested to appoint the Arbitrator and/or agreed for the arbitration. However, the original Executive Director of Airport Authority of India has not appointed the sole Arbitrator and therefore, the petitioner was constrained to approach the Delhi High Court by way of Arbitration Application No.194/2009 under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator. However, the said application was returned to the petitioner to present it before the competent Court of territorial jurisdiction which would be at Ahmedabad and therefore, the petitioner is constrained to approach this Court By way of this petition under Articles 226 and 227 of the Constitution of India, petitioner herein of the present petition.

(3.) When the relevant arbitration clause 4.1 was pointed out to the learned advocate appearing on behalf of the petitioner, that it has been agreed between the parties that only the Delhi Court shall have exclusive jurisdiction over the difference or disputes arising out of the agreement, this Court has no jurisdiction to entertain the present petition, Shri Bharda, learned advocate appearing on behalf of the petitioner has submitted that even this High Court also would have territorial jurisdiction and therefore, it is requested to appoint an Arbitrator and refer the dispute to the Arbitration. He has submitted that as such the petitioner did approached the Delhi High Court, however, the same was returned to the petitioner for presenting it before the competent Court having territorial jurisdiction, which will be at Ahmedabad and therefore, the petitioner has preferred the present application.