NATIONAL HYDROELECTRIC POWER CORPORATION LIMITED FARIDABAD Vs. ASIAN TECHS RANI CONSTRUCTIONS JOINT VENTURE COCHIN KERALA

JUDGEMENT

(1.) This revision is directed against the impugned finding on preliminary issue No. 1 and order dated 9-8-2000 passed by Civil Judge (S.D.), Nainital in Civil Misc. Case No. 5 of 2000, arising out of an application under Section 14 (2) of the Arbitration Act, 1940 (hereinafter referred to as the "old Act" for short) moved by the petitioner for direction to the arbitrator to file the award in the Court. It was held that the Court has no territorial jurisdiction to hear and decide the matter in controversy.

(2.) Heard Sri Ajit Pudussery Advocate with Sri Anurag Bisaria Advocate for the petitioner and Sri George Thomas Advocate with Sri S. K. Posti, Advocate for the respondents.

(3.) Briefly stated the facts of the case are as follows :-