Davender Kumar Jain v. Ravinder Jain & ANR.

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ARB.P. 76/2017 DAVENDER KUMAR JAIN ..... Petitioner Through Mr Ananga Bhattacharyya, Mr Rohit Rao. N., Mukund P. Unnay and Ms Devahuti Tamuli, Advocates.

versus RAVINDER JAIN & ANR.

..... Respondents Through Mr B.K. Singh and Mr P.S. Bhullar, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 10.03.2017 1.

The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that an arbitrator be appointed to adjudicate the disputes stated to have arisen between the parties in relation to the partnership deed dated 29.03.1963.

2.

A perusal of the partnership deed indicates that at the material time all parties to the deed were residing at Lokra, Darrang District, in Assam. The deed was also executed in Assam. Admittedly, the business of the firm is also being carried out in Assam.

3.

The respondents are also not residents of National Capital Territory of

Delhi; respondent No.1 is stated to be a resident of Sushant Lok, Gurgaon, Haryana and respondent No.2 is stated to be a resident of NOIDA, U.P. 4.

In the circumstances, this court does not have the jurisdiction to entertain the present petition as neither the respondents reside in the National Capital Territory of Delhi and no part of the cause of action has arisen within the National Capital Territory of Delhi. 5.

The petition is, accordingly, dismissed.

VIBHU BAKHRU, J MARCH 10, 2017 pkv