CENTRAL COALFIELDS LTD Vs. RANITAL TRANSPORT

JUDGEMENT

(1.) -

(2.) THESE two applications in connection with matters coming under section 20 of the Arbitration Act arising out of two appeals are taken up together. In Special Suit No. 72 of 1991, the plaintiff/respondent alleged that they were entitled to several claims for being adjudicated upon by way of arbitration. The application was filed in respect of six different contracts corresponding to different work orders. The transactions relating to the said contracts were different and the arbitration agreement pertaining to the said Work Orders and contracts were clubbed together for a single reference. The other appeal arises out of Special Suit No. 73 of 1991 in which an application was filed in respect of four different contracts corresponding to four different Work Orders. The transactions relating to the said four contracts were different and the arbitration agreement pertaining to the said Work Orders and Contracts were clubbed together for a single reference.

(3.) THE main contention of the appellant is that the entire work and/or transaction had been carried out outside the jurisdiction of this Hon'ble Court and no part of the cause of action arose within the jurisdiction of this Hon'ble Court. Agreements for arbitrations were distinct having regard to tire different agreements or contracts and the said contracts or agreements for arbitration could not be clubbed together giving rise to a single reference. THE further contention of the appellant is that the transactions under the contracts had long been closed and the plaintiff/respondent is trying to reopen the settled matters and there was no referable dispute as alleged that the suit and the application being out of time are barred by limitation.