GUPTA TEXTILE MILLS Vs. UNION OF INDIA

JUDGEMENT

(1.) Petition under Sections 14,17 and 29 of the Arbitration Act, 1950 being Suit No. 2566-A/96, was filed by Gupta Textile Mills against Union of India alleging that the parties had certain disputes relating to A/T No. T2/T3/101 / 0092/23.5.90/0633 dated 7th December, 1990 and respondent No. 2 was appointed as Arbitrator to resolve those disputes. Respondent No. 2 has made the award on 12th July, 1996. It was prayed that respondent No. 2 be directed to file the award alongwith entire record of the proceedings being arbitration case No. 9-B/95 in Court and thereafter award be made the rule of Court.

(2.) Mr. Shiv Khurana appearing for said Gupta Textile Mills made statement that the award had since been filed in Suit No. 1587-A/97 which was fixed for 28th October, 1998. Subject to the Registry confirming if the award filed in the said case pertained to this petition, this petition was ordered to be attached with the file of Suit No. 1587-A/97by the concerned Joint Registrar by the order dated 28th May, 1998.

(3.) On award being filed in said Suit No. 1587-A/97, notices were directed to be issued to both the parties in regard to filing of award dated 12th July, 1996 in Court. Pursuant to that notice. Union of India filed I.A. 1096/98 under Section 20 read with Section 151, CPC alleging that the contract evidenced by AT No. T2/T3/ 101 /0092/23.5.90/COAD/0633 dated 7th December, 1990 was entered at Bombay where the tender was submitted and accepted. Contract was also performed at Bombay by making part supplies of contracted stores by Gupta Textile Mills. Entire arbitration proceedings were held at Bombay and the award too was made and published at Bombay. It is further alleged that under Clause 20(3) of the conditions of contract governing the contract (DGSD-68 Revised) the Courts of the place where under was accepted, shall alone have the jurisdiction. It is claimed that the arbitrator had wrongly filed the award in this Court. It was prayed that award be arned to the Arbitrator for being filed in a competent Court at Bombay.