ENGINEERING PROJECT (INDIA) LTD. Vs. J.A. BROTHERS

JUDGEMENT

(1.) Heard Mr. D. Barua, learned counsel appearing for the petitioner. Also heard Mr. A.K. Dasgupta, learned senior counsel appearing for the opposite party. This is an application u/s 5 of the Limitation Act, 1963, praying for condoning delay of 215 days. The respondent/opposite party filed a Title Suit being T.S. No. 527/2018, in the Court of the Civil Judge No. 1 Kamrup (M), Guwahati, seeking various declarations, permanent injunction and alternatively sought damages. A separate application under Order 39 Rule 1 and 2 of the CPC was also filed along with the suit. The respondent thereby prayed for an injunction restraining the present appellant from holding any tender in respect of NIT No. DLI/CON/644/346 dated 14.09.2012 and/or Tender Document No. Nero/con/664/339 dated 14.11.2018, NIT No. NERO/CON/664/337 dated 13.11.2018 and NIT No. NERO/CON/664/338 dated 14.11.2018 from setting and/or awarding the same contract or different and number to any third party contractor in any manner until disposal of the main suit.

(2.) The present applicant, who is defendant in the suit pending before the Court below filed an application seeking return of the plaint filed by the present respondent on the ground that it was only the Court at Delhi which has a jurisdiction to entertain any dispute pertaining to the contract between the parties.

(3.) On 14.05.2019, the trial Court rejected the suit application filed by the present applicants holding that the personal clause of agreement cannot override the statutory provision. Therefore, the present applicants filed the revision application before this Court.