Navin Chawla, J. - (1.) This petition under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioner praying for the appointment of a Sole Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the "Agreement to Sell" dated 25.10.2012 (hereinafter referred to as the 'Agreement'). The said Agreement contains an Arbitration Agreement between the parties in form of Clause 7.2 thereof, which is reproduced herein below: "7.2 That if any dispute arises out of or in connection with this agreement either party may refer the matter in question to arbitration by giving written notice thereof to the other party ("Arbitration Notice"), to be finally resolved in accordance with the provision of Arbitration and Conciliation Act, 1996 for the time being in force. Subject to the foregoing, the parties submit to the exclusive jurisdiction of Courts at New Delhi."
(2.) Learned senior counsel for the respondent no.1, at the outset submits that apart from other objections, he has an objection of lack of territorial jurisdiction of this Court to entertain the present petition. He submits that the petitioner had earlier filed a petition under Section 9 of the Act before this Court, being OMP 943/2014, and on an objection being raised by the respondents with respect to the territorial jurisdiction, had withdrawn the same with liberty to file it before the Courts at Gurgaon. He further submits that thereafter, the petitioner had indeed filed a petition under Section 9 of the Act before the District Judge, Gurgaon, Haryana, being Arbitration Petition No.11 of 2014 and the same is still pending adjudication before the said Court. He submits that in view of Section 42 of the Act, the Court at Gurgaon and, for the purpose of Section 11 of the Act, High Court of Punjab and Haryana will have the exclusive jurisdiction and not this Court.
(3.) Learned counsel for the petitioner submits that as Clause 7.2 of the Agreement provides for the exclusive jurisdiction of Courts at New Delhi, only this Court would have the jurisdiction to entertain the petition under Section 11 of the Act. He submits that the earlier petition under Section 9 of the Act had been withdrawn by the petitioner on a wrong advice received by it, however, the same would not bar the jurisdiction of this Court to entertain the present petition.;