CHANDRAKANT M THAKKAR Vs. GUJARAT HOUSING BOARD

JUDGEMENT

(1.) Rule. This is an application u/s 24 of the Civil Procedure Code for transfer of Civil Suit No. 899 of 1990 pending before the Civil Judge (SD) , Vadodara to the City Civil Court, Ahmedabad wherein Special Civil Suit No. 5130 of 1992 is pending for hearing or for transfer of Special Civil Suit No. 5130 of 1992 to the Court of Civil Judge (SD) , Vadodara where Civil Suit No. 899 of 1990 is pending for hearing. This is a case which involves a question for determining the statutory provisions versus contractual obligation under the agreement.

(2.) The applicant has filed Special Civil Suit No. 5130 of 1992 before the City Civil Court, Ahmedabad which has arisen out of the work of construction of shopping centre-cum-residential complex, Gorwad, Vadodara by the respondent under the agreement dated 3-9-1987. The respondent is having its principal office in the City of Ahmedabad. Clause 55 of the Agreement provides jurisdiction for determining any dispute which reads as under :

(3.) The petitioner filed Spl. Civil Suit No. 5130 of 1992 before the City Civil Court, Ahmedabad for a decree of Rs. 47,00,183-23. Regarding the same subject matter the respondent Gujarat Housing Board has also filed Civil Suit No. 899 of 1990 against the petitioner for decree of 31,79,504-87 before the Civil Court (SD) , Vadodara. During the pendency of the civil suit at Vadodara Court, the applicant raised a preliminary objection regarding jurisdiction by way of filing an application Exh. 7 stating therein that the Civil Judge (SD) , Vadodara has no jurisdiction to entertain the said suit. The said application was dismissed by the Court concerned. Thereafter, the petitioner filed Civil Revision Application No. 143 of 1993 before this Court challenging the order passed by the Civil Judge (SD) , Vadodara on the application pertaining to the jurisdiction. Ultimately, that Civil Revision Application was dismissed as withdrawn vide order dated 24-6-1993 which reads as under: