UNION OF INDIA Vs. PUSHKARRAJ CONSTRUCTION P LTD

JUDGEMENT

(1.) Heard learned advocate Mrs. Krishna G. Raval for the appellant - Union of India and learned Senior Advocate Mr. Anshin Desai assisted by learned advocate Mr.Digant Kakkad for the respondent M/s Pushkarraj Construction Private Limtied.

(2.) By way of this appeal under Sec. 37 of the Arbitration and Conciliation Act , 1996 (in short "the Act"), the appellant - Union of India challenges the order passed below Exh.1 in CMA No.20 of 2021 dtd. 18/7/2022, whereby the learned Additional District Judge, Porbandar dismissed the CMA on the ground of want of territorial jurisdiction.

(3.) The brief facts of the case are that the appellant is Union of India and the opponent is the contractor. Union of India wanted to construct building for residential purpose for the personnel serving at Naval Base at Porbandar for Rs.104.96 crore and for that, an agreement had signed by both the parties and agreed to all the terms and conditions of the said agreement. The subject contract was to be completed on or before 19/2/2015. However, the work was completed on 26/12/2016 and for that a dispute arose between the parties. Thereafter, the matter was referred to the Sole Arbitrator appointed by the competent authority. After hearing both the parties, the Sole Arbitrator rejected the claim of the appellant without assigning any reason vide award dtd. 24/10/2018. Being aggrieved by the said award, the present appellant challenged the same before the Principal District and Sessions Judge, Porbandar by filing CMA No.20 of 2021. Learned Principal District and Sessions Judge, Porbandar has not entertained the application on the ground of territorial jurisdiction and has dismissed the same vide order dtd. 18/7/2022 and therefore, present first appeal.