CAPITAL FIRE ENGINEERS Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) The petitioner Ms. Capital Fire Engineers filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 praying for appointment of a sole arbitrator to whom disputes between the parties should be referred to as the respondents had failed to act in accordance with law despite the letter dated 4th April, 2001.

(2.) During the pendency of this petition besides filing a reply on merits the respondents also filed an application under Order 7 Rule 10 of the Code of Civil Procedure praying for return of the petition for its presentation before the Court of competent jurisdiction as no cause of action has arisen within the territorial jurisdiction of this Court. Notice on this application was issued to the petitioner, who had even filed a detailed reply to this application. When this case came up for hearing on 19th September, 2005, the Court passed the following orders :-

(3.) The necessary facts are that the petitioner was awarded the works contract pertaining to installation and fixing of fire fighting system at New and Old Building of State Bank of Patiala, Head Office vide separate Award letters, however, dated 16th October, 1996 and 16th October, 1996 for a total value of Rs.37,23,588/- only.