ORDER :

1. With the consent of learned Counsel for the parties, the matter is heard finally.

2. This Petition has been filed challenging the order dated 07.07.2021 passed by the Commercial Court (District Level), Raipur in MJC No.20/2020 whereby, the application preferred by the Petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act of 1996’) against the award dated 16.09.2020 passed by the Arbitrator Mr. Amrendra Prasad Choudhary, Ex. CMD, RINL at Delhi, has been dismissed by holding that the Commercial Court is not vested with the territorial jurisdiction to consider the Petition filed by the Petitioner and accordingly returned the original Petition to the Petitioner for instituting the same before the Court having jurisdiction.

3. Shri Majumdar, learned Counsel for the Petitioner submits that it is not disputed that the contract has been signed at Bilaspur and as per clause-2.0 of the condition of the contract, the work is to be executed in the area required by NTPC-Sipat, District Bilaspur and the earnest money has also been accepted which was payable at Bilaspur, therefore, as per Section 2(e) of the Act of 1996, the subject matter of the a