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In Re : Calpro Food (PVT.) Ltd.

1995 (11) TMI 466 - CALCUTTA HIGH COURT

C.O. No. 15216 (W) of 1995 - Dated:- 29-11-1995 - S. B. Sinha, J. For the Petitioner : Saktinath Mukherjee, B. R. Bhattacharya, Pradyumna Sinha For the Respondent : Urmibala Mukherjee, Ashok Gupta, Kabita Mukherjee, Arvind Gupta, Sidhartha Chowdhury JUDGMENT S. B. Sinha, J. 1. An application has been filed for vacating the orders of stay dated 6.9.95 and 12.9.95 passed by a learned Single Judge of this Court. Mrs. Mukherjee appearing on behalf of the applicant/respondent No.4 in support of the a .....

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are invited only from firms who are actually engaged in the manufacture of Calcium Propionate and who can undertake the supply within a reasonable period of receipt of supply orders (see Clause 9). Tenders submitted by commission agents/traders/interdiaries or those having no manufacturing capacity of their own for supply of the same will not be considered. Tender form obtained from the company on payment will only be considered. 6. Last date of receipt of tenders : The tenders will be received .....

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ause as contained in: clause 22, from a perusal whereof it appears that all arbitration and court cases relating to disputes arising out of the contract, the territorial jurisdiction would be at New Delhi or Delhi, Learned counsel, therefore, relying on or on the basis of the decision of the Supreme Court of India in the case of Oil and Natural Gas Commission v. Utpal Kumar Basu & Ors., reported in (1994) 4 SCC 711 the decisions of the Court in the case of S.S. Jain & Co. Anr. v Union of .....

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further submitted that even in this case the records of the case are lying at Delhi, and in that view of the matter, this court cannot issue any Writ of Certiorari. It is further submitted that in any event, the petitioners having opted for submitting themselves to the jurisdiction of the, court at Delhi, are estopped and precluded from contending that this court has jurisdiction to entertain this writ application. Reliance in this connection has been placed in the case of A.B.C. Laminart Pvt. L .....

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0.6.95, but in the meanwhile on 22.6.95 a letter by way of Fax was sent by one Mr. Sharad Yadav. Member of Parliament addressed to the Minister-in-charge of Public Undertakings, Government of West Bengal, in terms whereof it was suggested that the petitioner No.1 being a public sector undertaking should not quote a price below the cost of price pursuant whereto comments were sought for by the State of West Bengal and the petitioners replied thereto in terms of its letter dated 3.7.95. Learned co .....

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pearing on behalf of the respondent Nos. 1 to 3, however, submits that in the instant case the arbitration clause shall apply, and in support of his aforementioned contention has relied on a decision of Delhi High Court in the case of M/s. Raipur Alloys & Steel Ltd. v. Union of India, reported in AIR 1988 Delhi 53. Learned counsel points out that from the writ application itself it would appear that the writ petitioners had been lowering the rates to a great extent and keeping in view the fa .....

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de the territorial jurisdiction of this court. Tender was floated from Delhi. Tender was to be submitted at Delhi. The petitioners also submitted its tender at Delhi, and as noticed hereinbefore, by reason of Clause 22.2 of the tender document; all arbitration and/or court cases were to be litigated at Delhi. It is now beyond any cavil of doubt that in terms of Section 28 of the Indian Contract Act, if one or more court has jurisdiction to entertain a suit, and if by consent of parties, jurisdic .....

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e of action has arisen within the jurisdiction of this court. Moreover, the petitioners even in the writ application have not stated that the records of the matter are lying within the jurisdiction of this court. In fact, keeping in view the fact, as noticed hereinbefore, there cannot be any doubt that all the records in connection with the matter in question are lying outside the jurisdiction of this court. Only because the Modern Food Industries has one of its offices at Calcutta, the same by .....

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e given by ONGC on reading the advertisement which appeared in the Times of India at Calcutta. In response thereto, it submitted its bid or tender from its Calcutta office and revised the rates subsequently. When it learnt that it was considered ineligible it sent representations, including fax messages, to EIL, ONGC, etc. at New Delhi, demanding justice. As stated earlier, the Steering Committee finally rejected the offer of NICCO and awarded the contract to CIMMCO at New Delhi on 27.1.1993. Th .....

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whether or not to award the contract to the tendered would be taken at New Delhi. Of course, the execution of the contract work was to be carried out at Hazira in Gujrat. Therefore, merely because it read the advertisement at Calcutta and submitted the order from Calcutta and made representations from Calcutta would not in our opinion, constitute facts forming an integral part of the cause of action. So also the mere fact that it sent fax messages from Calcutta and received a reply thereto at Ca .....

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