JUDGMENT :

PRATEEK JALAN, J.

1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 [“the Arbitration Act”], is directed against an award rendered by the Micro and Small Enterprises, Facilitation Council, Nagpur in a claim lodged by the respondent No. 1 against the petitioner claiming to be a Micro and Small Enterprise.

2. Although respondent No. 1 is unrepresented today, I find that an objection on the ground of territorial jurisdiction is taken in the reply filed by respondent No. 1. At my request, Mr. Shashank Garg, learned counsel for the petitioner, has addressed on this aspect, particularly keeping in view the judgment of the Supreme Court in Gujarat State Civil Supplies Corporation Limited vs. Mahakali Foods (P) Ltd., Arising out of SLP(C) No. 12884/2020.

3. The disputes between the parties arise out of a Purchase Order dated 22.05.2010 (at page 63 of the petitioner’s list of documents) [“the Purchase Order”]. Clause 8 of the Purchase Order provides as follows: -

“All disputes are subject to Delhi Jurisdiction.”

4. Although the Purchase Order does not contain an arbitration clause, the claims of respondent No. 1 herein were referred for conciliatio