STATE OF PUNJAB Vs. CONTAINER CONSTRUCTION CO

JUDGEMENT

(1.) This revision petition is directed against the order of Senior Sub Judge, Patiala, dated 18th of December, 1980, refusing to entertain the petition filed by the petitioner under Section 14(2) of the Indian Arbitration Act, 1940 (hereinafter referred to as 'the Act') on the ground of territorial jurisdiction.

(2.) A dispute having been arisen between the parties the matter was referred to the Arbitrator Sh. S.L. Maini. After the award was given by the arbitrator on 9th of July, 1979 the same was filed in the Court for making it a rule of the Court. Various objections against the said award, including that the Court had no jurisdiction to entertain the petition under Section 14(2) of the Act were raised. The trial Court framed the following preliminary issue:

(3.) The trial Court after finding that the work under the contract was entered into and concluded at Chandigarh, the contracted work was done within the territorial jurisdiction of district Roop Nagar. The award having been filed in the Court at Patiala, the Court has no jurisdiction to entertain the petition. Sections 31(1) and 2(c) of the Act, which are relevant for the purpose of controversy between the parties, are reproduced as under: