TANTIA CONSTRUCTION COMPANY LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Court :This appeal is directed against an order dated 20th September, 2011, passed in A.P. No 176 of 2003 by which an application under Section 34 of the Arbitration and Conciliation Act, 1996 was rejected for want of territorial jurisdiction. The Trial Judge after having found that the Court lacks territorial jurisdiction passed an order of injunction restraining the appellant from filing an application under Section 34 of the said Act for a period of four weeks. If the Court was of the opinion that it lacks territorial jurisdiction, there is no occasion on the part of the Trial Judge to pass an interim order. Thus, the operation of the impugned order is stayed for a period of six weeks after the reopening of this Court after the long vacation or until further orders whichever is earlier.

(2.) Affidavit of service filed today be kept on record. In spite of service, no-one appears on behalf of the respondent.

(3.) The petitioner is directed to serve a copy of this application upon the respondent by speed post with acknowledgement due and shall file an affidavit of service. Let this application be listed one week after the vacation.Department and all parties concerned are to act on a signed copy of this order on the usual undertakings.