( 1 ) PETITIONER has filed objections under section 34 of the Arbitration and Conciliation act, 1996 (for short, the Act ) for setting aside the arbitral award dated 11. 12. 2003 passed by the first respondent. The second respondent has raised a preliminary objection as to the territorial jurisdiction of this Court, pleading that objections are wholly incompetent/ thus, not maintainable. Petitioner has filed a reply submitting that the objection as to the forum selection under clause 12 of the agreement between the parties has been waived by the second respondent, by invoking jurisdiction of the delhi courts in other matters. Question which requires consideration is whether the courts at Delhi have the territorial jurisdiction, to entertain objections under the Act, in relation to the contract concluded, performed and allegedly breached, giving rise the disputes, forming subject matter of the arbitration, at ghaziabad (UP)?

( 2 ) BRIEF facts, for appreciating the above question, are as fellows. On 27. 2. 1999, petitioner entered into an agreement for construction of the college building, by the second respondent, at Ghaziabad {hereafter, the Agreement }. Clauses 1