HARNAM SINGH Vs. C G ELECTRICITY BOARD

JUDGEMENT

(1.) THE appellant/plaintiff has preferred this appeal against the judgment and decree dated 10.12.97 passed in Civil Suit No. 5-B/90 by 5th Additional District Judge, Bilaspur whereby the suit for recovery of Rs. 1,14,555.59 was dismissed.

(2.) ADMITTEDLY, after filing written statement and framing of issues, the respondent/defendant remained ex parte in suit. It is also not in dispute that the respondent/defendant had by work order dated 8.1.1980 entrusted the work of transportation of 2.5 lakh metric ton coal from W.C.L. River Bed Quarry (R.B.Q.) to power house No. I/II, M.P.E.B., Korba.

(3.) THE respondent/defendant filed written statement, denied its liability to pay the amount to the plaintiff and raised questions of law relating to jurisdiction of the Civil Court on the ground that there was an arbitration clause in the work contract awarded to the plaintiff, and therefore, the Civil Court had no jurisdiction to adjudicate the suit. A plea that the suit was barred by limitation was also taken.