BIJOY DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision petition is from an order of the Additional Deputy Commissioner (District Judge) at Shillong in Civil Revision No. 1 (T) of 1986, which set aside the decision of the Assistant to Deputy Commissioner over ruling an objection to the jurisdiction taken by the petitioner.

(2.) The petitioner Bijoy Das (whom I shall refer as the 'Contractor') is a resident of T-area of Shillong. The Contractor entered into a contract with the Union Government for construction of post office building and SPM's quarters in the district of Cachar of Assam. The contract was entered into at N-area of Shillong. A dispute arose between the Contractor and the Union Government out of the contract and, therefore, the dispute was referred to arbitration at the instance of the contractor.

(3.) The Arbitrator made an award directing the Contractor to pay a sum of Rs. 59,699.00.00 to the Union Government, after considering claims of the Contractor and counter-claims of the Union Government. The Union Government made an application for making the award a rule of the court under Sections 14 and 17 of the Arbitration Act in the court of the Assistant to Deputy Commissioner at Shillong in T-area. The Contractor raised an objection as to the jurisdiction of the court, that is to say- the Assistant to Deputy Commissioner has no jurisdiction to entertain the application. The Assistant to Deputy Commissioner has held that the agreement was executed within N-area of Shillong and, therefore, the Assistant to Deputy Commissioner has no jurisdiction to entertain the application under Sec. 14 and returned the application for representation to a proper court. Being aggrieved by the order of the Assistant to Deputy Commissioner, a revision petition was filed in the court of the Additional Deputy Commissioner (District Judge) Shillong. The lower appellate court allowed the revision petition by holding that the court of the Assistant to Deputy Commissioner is also a competent court to entertain the petition as the Contractor actually and voluntarily resides in T-area. Hence this petition by the Contractor.