UNIQUE OPTICAL FIBER AND TELECOM SERVICES PRIVATE LIMITED Vs. TELECOMMUNICATIONAS CONSULTANCY INDIA LIMITED

JUDGEMENT

(1.) As common question of law and facts arise in these group of petitions, they are disposed of by this common judgment and order.

(2.) All these petitions under Section 11 of the Arbitration & Conciliation Act have been preferred by the common petitioner but with respect to different contracts seeking appointment of an Arbitrator to resolve the dispute between the parties arising out of the respective contracts in question.

(3.) In response to the notice issued by this Court, Shri P.K. Bansal, learned Senior Advocate has appeared with Shri Harsheel Shukla, learned advocate appearing on behalf of the common respondent. The preliminary objection raised on behalf of the respondent is on the territorial jurisdiction of this Court. Shri Bansal, learned Senior Advocate appearing on behalf of the respondent has vehemently submitted that in view of Clause 14 read with Clause 17 of the respective contracts and as the parties to the respective contracts have agreed to submit to the exclusive jurisdiction of the Court at Delhi and to all Courts at Delhi having jurisdiction in appeal therefrom and have agreed that the arbitration proceedings shall be held at Delhi, present petitions preferred by the petitioner seeking appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act shall not be maintainable before this High Court as the Court at Delhi only shall have the exclusive jurisdiction as agreed between the parties. In support of his above submissions, Shri Bansal, learned Senior Advocate appearing on behalf of the respondent has heavily relied upon the decision of the Hon'ble Supreme Court in the case of Indus Mobile Distribution Private Limited Vs. Datawind Innovations Private Limited and Others, (2017) 7 SCC 678.