JUDGMENT

1. The interesting conundrum in this appeal filed filed under section 37 of Arbitration and Conciliation Act, 1996 (‘Arbitration Act’) is whether the learned Commercial Court, Bhopal was justified in passing the impugned order dated 11.1.2023 and rejecting the application filed by appellant under section 9 of the said Act for want of territorial jurisdiction in a case of rendition of account where Registered Office in which account is kept is situated at Bhopal.

2. Draped in brevity, the admitted facts between the parties are that appellant and respondent executed a partnership deed on 3.7.2013 Annexure A/3. The said partnership deed was dissolved at the instance of respondent vide notice dated 21.1.2020. After dissolution of said deed, respondent entered into a ‘Joint Development Agreement’ with another builder on 13.1.2022 (Annexure A/9). However, said agreement was cancelled on 28.10.2022.

3. The appellant entered into correspondence with respondent for resolution of dispute by taking aid of Clause-18 of deed of partnership dated 3.7.2013. Since, no arbitrator could