JUDGMENT :

(Shekhar B. Saraf, J.) :

1. This is a writ petition under Article 227 of the Constitution of India wherein the petitioner is aggrieved by the order dated March 15, 2022 passed by the Commercial Court, Gautam Buddh Nagar by which the Commercial Court held that it lacks the territorial jurisdiction to adjudicate the application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”) by the petitioner. The Commercial Court, Gautam Buddh Nagar accordingly, returned the said application with liberty granted to the petitioner to file the said application before the appropriate territorial court.

2. The facts of the instant case are delineated below:

(a) The parties herein entered into an agreement which contained an arbitration clause.

(b) As disputes and differences arose between the parties, the respondent filed an application under Section 9 of the Act before the Commercial Court, Gautam Buddh Nagar on March 20, 2007.

(c) Subsequently, the petitioners filed an application under Section 11 of the Act before the High Court of Delhi. The High Court of Delhi passed an order on September 11, 2007 appointing the sole arbitrator to