DEVI DAYAL TRUST Vs. RAJHANS TOWERS PVT. LTD

JUDGEMENT

(1.) This is a writ petition under Article 227 of the Constitution of India wherein the petitioner is aggrieved by the order dated March 15, 2022 passed by the Commercial Court, Gautam Buddh Nagar by which the Commercial Court held that it lacks the territorial jurisdiction to adjudicate the application filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") by the petitioner. The Commercial Court, Gautam Buddh Nagar accordingly, returned the said application with liberty granted to the petitioner to file the said application before the appropriate territorial court.

(2.) The facts of the instant case are delineated below:

(3.) Counsel appearing for the petitioners has made the following submissions: