JUDGMENT

Prateek Jalan, J. (Oral)

I.A. 22893/2023 (Exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

O.M.P. (COMM) 468/2023 & I.A. 22892/2023 (seeking ad interim ex- parte stay of the impugned award), I.A. 22894/2023 (to file additional documents)

1. The petitioner has filed this petition under Section 34 of the Arbitration and Conciliation Act, 1996 ["the Act"], to assail an arbitral award dated 03.03.2021. By this judgment, I propose to decide a preliminary objection taken by the respondent as to territorial jurisdiction of this Court.

2. On the last date of hearing i.e. 09.02.2024, such a preliminary objection was taken on the ground that the petitioner had earlier instituted a petition under Section 9 of the Act before the District Judge, Balasore, Odisha. It was submitted by Mr. Madhu Sudan Bhayana, learned counsel for the respondent, that, by operation of Section 42 of the Act, the concerned Court in Odisha alone would have jurisdiction to entertain Section 34 proceedings. It was also pointed out that the respondent had filed O.M.P.(T)(COMM.) 19/2015 before this Court, which was dismissed on this ground by an order dated 14.12.2015. Th