Rajesh Puri And Anr vs Sanjeev Sachdeva
2023 Latest Caselaw 9217 P&H

                                                                                 2023:PHHC:082959

                               In the High Court for the States of Punjab and Haryana
                                                At Chandigarh



                                                                     CR-3568-2023 (O&M)
                                                                     Date of Decision:-03.07.2023


                 Rajesh Puri and another                                       ... Petitioners



                                                     Versus



                 Sanjeev Sachdeva                                              ... Respondent




                 CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL




                 Present:-        Mr. Vivek Singla, Advocate for the petitioners.

                                                     *****

GURVINDER SINGH GILL, J.(Oral)

1. The petitioners assail order dated 03.03.2023 (Annexure P-4) passed by

learned Additional District Judge, Gurugram vide which an application

filed under Order 7 Rule 11 CPC, filed by petitioners for rejection of

petition on the ground that the Court did not had territorial jurisdiction

to entertain the objection under Section 34 of the Arbitration and

Conciliation Act, 1996 has been dismissed.

2. Learned counsel for the petitioners submits that since the arbitration

proceedings had taken place in Delhi, it was only the Courts at Delhi

MOHAN SINGH 2023.07.03 17:16 I attest to the accuracy and authenticity of this order/judgment CR-3568-2023 (O&M) (2) 2023:PHHC:082959

which could entertain the objection petition under Section 34 of the

Arbitration and Conciliation Act, 1996.

3. This Court has considered the aforesaid submission and has also gone

through the copy of agreement to sell dated 21.12.2019, which has been

passed on today by learned counsel for the petitioners and the same is

taken on record. Para No.12 of the agreement to sell reads as under:

"12. The Courts at Gurugram shall have jurisdiction to try all suits or proceedings, matters or things in connection with this Agreement."

4. In view of the specific stipulation in the agreement to the effect that it is

the Courts at Gurugram which shall have jurisdiction to try all suits or

proceedings, matters or things in connection with this agreement, this

Court finds that the objections under Section 34 of the Arbitration and

Conciliation Act, 1996, as filed in the Courts at Gurugram would be

duly maintainable. The impugned order, thus, does not suffer from any

infirmity.

5. The petition is found to be sans merit and is dismissed.

                 03.07.2023                                          ( GURVINDER SINGH GILL )
                 mohan                                                        JUDGE


                                  Whether speaking /reasoned          Yes / No
                                  Whether Reportable                  Yes / No




MOHAN SINGH
2023.07.03 17:16
I attest to the accuracy and
authenticity of this
order/judgment