UTTARAKHAND JAL VIDYUT NIGAM LTD Vs. RAPTI CONTRACTORS

JUDGEMENT

(1.) AN agreement was executed on 24-02-2000 between U. P. Jal Vidyut Nigam, Lucknow, the predecessor in interest of the petitioners and the respondent for the construction work relating to Penstock, ANchor and Saddle blocks and Power House Building at Pilangad, M. H. S. (2x1125 kw) in District Uttarkashi.

(2.) DISPUTES having arisen between the parties with respect to the aforesaid agreement and the execution of the aforesaid work, on 27-09-2005, this Court in-Arbitration and Conciliation Act, 1996 (1996 Act for short) appointed Sri Justice I. P. Vashistha (Retd.) as the single Member Arbitral Tribunal. Later on, Sri Justice I. P. Vashistha was re placed by Sri Justice V. N. Mehrotra by an order dated 23-12- 2005 passed by this Court. The learned arbitrator gave his Award on 28-05-2007.

(3.) MR. Vinay Kumar, learned coun sel appearing for the petitioners took me through the agreement dated 24-02-2000 executed between the parties. Ac cording to him, because the office of the General Manager of the petitioner Cor poration is at Dehradun and because at Dehradun certain decisions had to be taken, the Courts at Dehradun alone have jurisdiction in the matter and the Courts at Uttarkashi did not have any jurisdiction in the matter at all. He has also referred to Section 42 of the 1996 Act. According to him, because Section 34 application was filed by the petition ers prior in point of time before the Dis trict Judge, Dehradun, in terms of Sec tion 34 of the 1996 Act, all subsequent applications and proceedings including the Section 34 Application by the re spondent, ought to have been filed at Dehradun.