C LIMITED Vs. EXPORTERS OF W A

JUDGEMENT

(1.) Facts in brief are that application was filed under Sections 30 and 33 of the Arbitration Act, 1940 by MSTC Limited which was registered as Misc. Case No. 27 of 2000 in connection with Title Suit No. 71 of 2000 in the Court of learned Civil Judge (Senior Division) 4th Court, Alipore. The Misc. Case was renumbered as Misc. Case No.35 of 2001.

(2.) The petitioner MSTC Ltd. invited tender for supply of stainless and alloy steel melting scrap with specific shape and size and the opposite party Nos. 1 and 2 being the two claimants participated in the tender and their tender was accepted by the petitioner. When disputes and differences arose between the parties, the same were referred to the joint Arbitrators. The matter was decided in the arbitration proceeding and an award was passed and published on 23rd March, 1999. MSTC Ltd. challenged the award. When MSTC's case was dismissed on contest, the present appeal was filed.

(3.) Heard Mr. Jayanta Mitra, learned Counsel for the appellant who first argued the question of jurisdiction of the Alipore Court in entertaining and deciding the proceeding as the respondents at an earlier stage filed application under Section 20 of the Arbitration Act, 1940 in Delhi Court as a result whereof applying the provisions of Section 31(4) ,of the said Act the Delhi Court and only Delhi Court has the jurisdiction wherein any subsequent application can be filed.