N D SUD Vs. UNION OF INDIA

JUDGEMENT

(1.) -

(2.) IN an application filed by N. D. Sud under sections 32 and 33 of the Arbitration Act alleging that no valid and binding agreement came into existence between the parties by the issuance of the alleged acceptance of tender No. BTX-8/225/ 56676/3-70/812/PAOD dated August 18, 1970 and praying that the existence of the arbitration clause in the said acceptance may be determined, Mr. Justice B. C. Misra, in view of conflict of decisions on the points, referred the following questions for determination by a larger bench:-

(3.) THE decision of Prakash Narain J. in suit No. 281/71 decided on February II, 1972 was also cited before us. Here the petitioner Hari Shankar Sharma applied under section 20 of the Arbitration Act to have the arbitration agreement filed in court so that the reference could be made. THE petition was opposed, inter alia, on the ground that this Court had no territorial jurisdiction inasmuch as the contract was between the petitioner and the Union of India as represented by the General Manager, Eastern Railway, Calcutta and had to be performed in West Bengal. THE learned Judge invoked section 20 of the Code of Civil Procedure to determine whether this Court did or did not have jurisdiction. This, in our view, was the correct approach to the question for the decision of the controversy. We should not, however, be taken to express any opinion as to the conclusion arrived at in this case as that matter is not before us.