KAMALA CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) The only question which arises for consideration in this appeal is as to the 'residence' of the Union of India for the purpose of Clause '12' of the Letters Patent of this Court.

(2.) An application under Sec. 20 of the Arbitration Act, 1940 was filed by the appellant herein in the Original Side of this Court.

(3.) The learned trial Judge by reason of the impugned order has held that it has no territorial jurisdiction to entertain the said application. It is admitted that an agreement was entered into by and between the p\ies to the suit on 12.9.94 in the district of Ranchi outside the jurisdiction of this Court. The plaintiff- appellant also carries its business outside the jurisdiction of this Court. The contract was also to be performed at the places which are outside the jurisdiction of this Court. Payments were also to be made outside the jurisdiction of this Court.