JYOTI LIMITED Vs. MARG LIMITED

JUDGEMENT

(1.) It is the contention of the Respondent that this Court does not have jurisdiction under Clause 20.4(f) and also 20.4(g) of GCC the venue of any such arbitration shall be Bhavanagar, Gujarat. Hence, prayed for dismissal of the Petition.

(2.) Learned counsel for the Petitioner submitted that though the dispute between the parties has to be resolved as per Clause No.20GCC of Specification TCE-5403A-H-613-406, the Petitioner and Respondent are not the parties to the GCC. Whereas, specific contract has been executed between the Petitioner and the Respondent dated 15.03.2012 in respect of sub-contract. Article 7 of the Contract shows that the parties have exclusive jurisdiction at Chennai. The above clause makes it very clear that the parties have specifically agreed to resolve the disputes arising out of contract at Chennai and consequently entered contract between them on 15.03.2012. Hence, this Court has jurisdiction to appoint Arbitrator.

(3.) Whereas the learned counsel for the Respondent submitted that in the contract it is agreed between the parties that dispute would be resolved as per Clause No.20 of the General conditions of Contract (GCC) BECL Tender Specification TCE-5403A-H-613-406.