TMI Blog1971 (1) TMI 109X X X X Extracts X X X X X X X X Extracts X X X X ..... on to try the proceeding relating to arbitration was binding between them. Appeal dismissed. - Civil Appeal No. 646 of 1967 - - - Dated:- 8-1-1971 - J.C. Shah K. S. HEGDE, JJ. For the Appellant : J. P. Goyal and G. S., Chatterjee For the Respondent : V. S. Desai and B. R. Agarwala JUDGMENT On October 5, 1960 the appellant agreed to do certain construction work for the respondent on the terms and conditions of a "written tender". Clauses 12 13 of the tender were : "12. In the event of any dispute, arising out of this sub-contract, the parties hereto agree that the matter shall be referred to arbitration by two Arbitrators under the Arbitration Act of 1940 and such amendments thereto as may be enacted thereafte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he High Court of Allahabad in exercise of its revisional jurisdiction set aside the order passed by the Subordinate Judge and declared that the Courts in Bombay had jurisdiction under the general law to entertain the petition, and by virtue of the covenant in the agreement the second branch of cl. 13 was applicable and binding between the parties and since the parties had agreed that the Courts in Bombay alone had jurisdiction to adjudicate upon the contract, the petition to file the arbitration agreement could not be entertained by the Courts at Varanasi. Against the order of the High Court directing that the petition be returned for presentation to the proper Court, the, appellant has appealed to this Court with special leave. Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Courts at Bombay were not invested with jurisdiction to entertain any suit or a partition for filing an arbitration agreement. Section 20 of the Code of Civil Procedure provides : "Subject to the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction- (a,) the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or (b).................................. (c) the cause of action, wholly or in part, arises. "Explanation II.-A corporation shall be deemed to carry on business at its sole or principal office in India, or, in respe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
