PCP INTERNATIONAL LIMITED Vs. LANCO INFRATECH LIMITED

JUDGEMENT

(1.) EXEMPTION allowed subject to just exceptions. I.A. stands disposed of.

(2.) THIS is a petition under Section 9 of the Arbitration & Conciliation Act, 1996 filed by the petitioner with respect to disputes arising between the parties under the contract dated 3.11.2010 by which petitioner was awarded the contract for erection, testing and commissioning of 2 x 660 MW Boiler Units and Auxiliaries (Part A) at the Lanco Vidharbha Thermal Power Project situated in the village of Mandwa, Wardha district, Maharashtra, India. Petitioner's office is at Chandigarh and respondent's office is at Gurgaon.

(3.) IT is trite and a settled principle of law that parties by consent cannot confer jurisdiction on a court which does not have any vide the judgment in the case of M/s. Patel Roadways Limited, Bombay Vs. M/s. Prasad Trading Company : (1991) 4 SCC 270. In a contractual matter, there are four courts which have jurisdiction. First is where the contract is executed, secondly where the contract is to be performed, thirdly where the payment under the contract has to be made and fourthly where the defendant/respondent resides. This is the ratio laid down by the Supreme Court in the judgment in the case of A.B.C. Laminart Pvt. Ltd. & Anr. Vs. A.P. Agencies, Salem, : AIR 1989 SC 1239.