AMOLIK ENTERPRISES Vs. M P HOUSING BOARD

JUDGEMENT

(1.) THIS case has been placed before this Bench on the orders of Honourable the Chief Justice for deciding the question of Jurisdiction as referred to by the learned Single Judge of this Court.

(2.) FACTS of this case may be mentioned in brief:

(3.) BEFORE considering the respective arguments of the parties, it is necessary to look into the dispute which led to the reference to the Arbitration Tribunal. The petitioner and Respondent No. 1 M. P. Housing Board had entered into an agreement on 27-2-1985 for the construction of roads and culverts in the C. A. T. project at Sukhniwas, Indore. The contract was however rescinded by a letter dated 24-3-1986 in purported exercise of the respondents' power under clause 3 (c) of the agreement on account of the alleged failure of the petitioner to complete the work within the extended time. A dispute therefore, arose between the parties and consequently the petitioner filed a claim on 22-4-1986 before the Arbitration Tribunal constituted under section 3 of the M. P. Madhyastham Adhiniyam, 1983, (hereinafter called the Adhiniyam ). The tribunal partly allowed the claim of the petitioner by its award dated ,23-5-1988. The petitioner aggrieved by the award filed the revision in question under section 19 of the Adhiniyam against the award, in respect of the rejection of his claim. When after the admission of the revision, the Respondent No. 1, put in its appearance through its counsel Shri Joshi, a preliminary objection, through I. A. No. 122/89 was raised before the court to the effect that the Indore Bench has no jurisdiction to hear this matter, in view of section 18 of the Adhiniyam. The learned Single Judge after hearing both the parties vide order dated 12-9-1989, requested Hon'ble the Chief Justice to constitute a Special Bench for examining the question of jurisdiction. Hence this reference. 3-A. Learned counsel for the petitioner Shri Shekhar Bhargava, submits that the matter has already been concluded by the Full Bench of this court, wherein it has been held, that if a cause of action or a part of the cause of action arises within the jurisdiction of any Bench of M. P. High Court, in accordance with the Presidential Order dated 28-10-1968, then such Bench shall have the jurisdiction to hear such matter. In the instant case, undisputedly, the dispute leading to the proceedings before the Arbitration Tribunal arose at Indore, and therefore, this court has jurisdiction to decide the revision petition. On the other hand, the learned counsel for the respondent Shri Joshi has laid much emphasis on the provisions contained in section 18 of the Adhiniyam, which provide that the award shall have force of a decree of a District Court.