UREKA POWER SYSTEMS PVT. LTD. Vs. DODSAL LIMITED

JUDGEMENT

(1.) This is an application under Sec. 9 of the Arbitration & Conciliation Act, 1996. The application was made by making a sole respondent as party i.e. Dodsal Limited, a company incorporated under the Companies Act, 1956 and having its registered office 'Mafatlal House' Back bay Reclamation, Post Box No. 10102, Bombay-400 020 and further describing also carrying on business from 1, Brabourne Road, Calcutta, 700 007 within the aforesaid jurisdiction.

(2.) No prayer is made for granting leave under Clause 12 of the Letters Patent. It appears that the contract i.e. Work Order, was executed at the head office of the respondent at Bombay and the performance of the work are done or to be done outside the jurisdiction similarly with the clause of pay ability of the money. The arbitration clause provides as follows:-

(3.) As and when the petitioner wanted to move this application the Court wanted clarification to the question of jurisdiction as to whether any part of the cause of action is rising within the jurisdiction or not for the purpose of invoking jurisdiction of this Court to entertain, try and determine the application. The petitioner stated that there is no necessity of obtaining leave under Clause 12 of the Letters Patent since the respondent is also carrying on business from 1, Brabourne Road, Calcutta-700 007, within the aforesaid jurisdiction.