RITES LIMITED Vs. RAMJEE POWER CONSTRUCTION LIMITED

JUDGEMENT

(1.) OMP No. 116/2006 & IA No. 4585/2006 (objections).

(2.) THIS is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Act).

(3.) RESPONDENT contested this petition on various grounds, contended inter alia, that the petition is not maintainable as this Court at Delhi has no territorial jurisdiction to entertain the petition. The pleadings in the petition do not disclose any cause of action or the events which happened within the territorial jurisdiction of Delhi. The memorandum of understanding dated 15.4.2002 for participation in tender invited by JSEB for rural electrification work was executed in Ranchi and bears the stamp of Ranchi treasury. This MoU was further amended on 17.6.2005 which also bears the stamp of Ranchi treasury. It is further averred that agreement was entered into between the parties for rural electrification work in the State of Jharkhand on 25.9.2004 which was signed and executed at Ranchi by petitioners Additional General Manager, Electric, Ranchi bearing Ranchis treasury stamp. The said agreement is signed by witnesses at Ranchi. It is further averred that work of rural electrification was monitored by the petitioners office at Ranchi where it has its subordinate office and the respondent is solely Ranchi based company which does not reside or carry out business in Delhi. The entire correspondence between the parties was carried out from Ranchi and Gurgaon. It is also averred that the bank guarantees were also issued from Ranchi, the bills were submitted at Ranchi, payments were made at Ranchi, the materials were supplied and stored in Jharkhand and the work was executed in Jharkhand. Therefore, this Court has no jurisdiction to entertain this petition.