JYOTI SINGH,J. - (1.) This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (,,Act) seeking an appointment of a Sole Arbitrator for adjudicating the disputes between the parties which have arisen on account of an Agreement entered into between the parties on 14.03.2014. The Agreement contains an Arbitration Clause. The relevant portion of the Arbitration Clause reads as under :- "19 (a). Any dispute or difference of any nature whatsoever any claim, gross-claim, or set off the Corporation against the Contractor or regarding any right, liability, act, omission or account or any of the parties hereto arising out of or in relation to this agreement shall be referred to the Sole Arbitration of the Director (Marketing) of the Corporation or to an officer of the Corporation who may be nominated by the Director (Marketing)..."
(2.) The only objection raised by the respondent is with regard to the Territorial jurisdiction of this Court to entertain the present petition. The Agreement between the parties has Clause 19 (h), which is part of the Arbitration Clause and is reproduced hereunder:- "19(h). The parties hereby agree that the courts in the city of ...... alone shall have jurisdiction to entertain any application or other proceedings in respect of anything arising under this agreement and any award or awards made by the sole arbitrator here under shall be filed in the concerned courts in the city of ..............only." (In the English version there are blanks)
(3.) There is another clause in the Agreement being Clause 21 which is reproduced hereunder:- "21. Jurisdiction : This agreement shall be deemed to have been made in .......... and shall be constructed according to the laws of India and the performance by the Contractor of and act on his part herein contained shall be considered due in ..... for the purpose of jurisdiction." (In the English version there are blanks) ;