JMC PROJECTS INDIA LIMITED Vs. INDURE PRIVATE LIMITED

JUDGEMENT

(1.) THE present Arbitration Petition has been preferred by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 to appoint the sole Arbitrator or Arbitrators for deciding the disputes and differences that have arisen between the parties as regards the work order dated 20/12/2002.

(2.) RELEVANT Clause in the work order/contract/agreement dated 20/12/2002 with respect to the settlement of the disputes to the Arbitrator and jurisdiction are as under;

(3.) WHEN attention of Clause 14. 1 of the work order was drawn to the learned advocate appearing on behalf of the petitioner and it was pointed out that as per Clause 14. 1 in case of any dispute between the party, the Court's at Delhi shall have jurisdiction and, therefore, the petitioner is required to approach the Delhi High Court for appointment of Arbitrator, the learned advocate appearing on behalf of the petitioner has relied upon the decision of the Hon'ble Supreme Court in the case of NEW MOGA TRANSPORT CO. Vs. UNITED INDIA INSURANCE CO. LTD reported in (2004) 4 SCC 677 more particularly, last paragraph of the said judgement, by submitting that as the word 'exclusive' and/or 'only' is not mentioned in the said Jurisdiction Clause, it cannot be said that only Delhi High Court shall have jurisdiction and as this Court could also have jurisdiction, it is requested to entertain the present Arbitration Petition.