REGENT COMPUTRONICS PVT. LTD.

GUPTA SANITARY STORES Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

R.V. BOLTON [REFERRED TO]
CUBIT SPARHALL RUNDLE V. SECY. OF. STATE IN COUNCIL [REFERRED TO]
SIRDAR GURDYAL SINGH V. RAJAH OF FARIDKOT [REFERRED TO]
ME DONALD V. MABEE [REFERRED TO]
BROWN V. LONDON AND NORTH WESTERN RY. CO. [REFERRED TO]
FEDERATED STATE SCHOOL TEACHERS' ASSOCN. OF AUSTRALIA V. VICTORIA [REFERRED TO]
PLAYA LARGA V. 1 CONGIESCO DEL PARTIDO [REFERRED TO]
MELLENGER V. NEW BRUASWICK DEVELOPMENT CORPN [REFERRED TO]
BADRINARAYAN V. EXCISE COMMR.,HYDERABAD [REFERRED TO]
GANGA REDDY,ITIARMA REDDY AND CO. V. STATE OFA. P. [REFERRED TO]
NALANDA CERAMIC V. N. S. CHOUDHARY AND CO. [REFERRED TO]
CAL MOTOR CYCLE CO. V. UOI [REFERRED TO]
P. C. BISWAS V. UOI [REFERRED TO]
DIRECTOR OF RATIONING AND DISTRIBUTION VS. CORPORATION OF CALCUTTA [REFERRED TO]
UNION OF INDIA VS. LADULAL JAIN [REFERRED TO]
BINANI BROS PRIVATE LIMITED VS. UNION OF INDIA [REFERRED TO]
RAM RATTAN BHARTIA VS. FOOD CORPORATION OF INDIA [REFERRED TO]
SUSHIL ANSAL VS. UNION OF INDIA [REFERRED TO]
BAKHTAWAR SINGH BALKRISHAN VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. BAKHTAWAR SINGH BAL KRISHAN [REFERRED TO]
K G KALWANI VS. UNION OF INDIA [REFERRED TO]
ASSOCIATED COMMERCIAL ENGINEERS VS. STATE OF MADHYA PRADESH [REFERRED TO]

JUDGEMENT

(1.) IN this arbitration case the question referred to the Full Bench is one of jurisdiction. Two questions arise on the reference. One whether the Union of INdia "carries on business" within the meaning of section 20 of the Code of Civil Procedure. Second whether the Delhi Courts have Jurisdiction to entertain an application under sections 14 and 17 of the Arbitration Act against the Union of INdia not on the ground that the cause of action arose here but solely on the ground that the Union of INdia has its central seat of power at New Delhi.

(2.) THESE are the facts. Gupta Sanitary Stores, petitioner, entered into a contract with the respondent, Union of India, for "improvement of water supply at Joshimath" in 1969-70. There was an arbitration clause in the contract. Disputes arose between the parties. They were referred to the sole arbitration of K. S. Sil, Commander Works Engineer, Bareilly Cantt. He made the award on 31-10-1979. Of the making of the award he gave notice to the parties.

(3.) THE rule as to forum is that the plaintiff can sue at the place where the defendant at the commencement of the suit "actually and voluntarily resides, or carries on business, or personally works for gain". It is with these three expressions used in clauses (a) and (b) that I am concerned in this case.

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GUPTA SANITARY STORES Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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