DILBER SINGH RANA Vs. CIVIL JUDGE

JUDGEMENT

(1.) Heard Mr. Pankaj Purohit, the learned counsel for the petitioner, Mr. R.C. Arya, the learned Standing Counsel for the State of Uttarakhand/respondent Nos. 1 & 2 and Mr. Parshant Khanna, Advocate holding brief of Mr. R.P. Nautiyal, the learned counsel for the respondent No. 3.

(2.) The petitioner is a contractor. In the year 1990, respondent No. 3 executed a work order to the petitioner for the construction of a Tower foundation and construction of retaining wall etc. at Joshimath, which is now located in the State of Uttarakhand. The petitioner accepted the terms and conditions of the work order and also executed the work and submitted the bill for payment. It transpires that respondent No. 3, Triveni Structurals Ltd., raised some objection and some amount was not paid to the petitioner. This resulted in a dispute and, accordingly, the petitioner filed Original Suit No. 22 of 2001 before the Civil Judge (S.D.), Chamoli for the recovery of the amount, as per the bills raised pursuant to the work order.

(3.) Respondent No. 3 filed its written statement and contended that the Civil Judge (S.D.), Chamoli had no jurisdiction to try the suit, in view of the clause 11 (E) of the work order, which stipulated that in case of any dispute, the same would be subject to Allahabad Jurisdiction. For facility, Clause 11 (E) of the work order is extracted hereunder:-