GULATI CONSTRUCTION CO Vs. BETWA RIVER BD

JUDGEMENT

(1.) AN agreement dt. 20.7.79 was entered into between the parties for the construction of Left Main Earth Dam, Rajghat Project.

(2.) THE Work was awarded by respondent 1. THE said respondent is a Board which has been set up under Central Act. It is an admitted case of the parties that the office of the Board is located at Jhansi (M.P.) though a liaison office is stated to. be at New Delhi also. THE Board was set up for carrying out work of constructing Rajghat Dam in district Lalitpur in the State of U.P.

(3.) ACCORDING to S. 2 (c) of the Act a court means a civil court having jurisdiction to decide the questions forming the subject matter of the reference if the same had been the subject matter of a suit. This means thai it is only that court which will have jurisdiction to decide the matter, in which a civil suit with regard to the matter which was referred to arbitration, could have been filed. To put it differently, it is only that court which can be regarded as having jurisdiction to entertain any petition under the Arbitration Act, in which court a suit for recovery of money could have been filed by the petitioner, In S. 31 (1) it is provided that an award would be filed in any court having jurisdiction in the matter to which the reference relates.