M/S PUNJAB SPINNING AND WEAVING MILLS LTD. SCO NO. 54-56, SECTOR 17-A, CHANDIGARH Vs. M/S BHIWANI TRADING CO. 176, SHIVAJI GALI, HISSAR AND OTHERS

JUDGEMENT

(1.) AS is well -settled, parties cannot by agreement confer jurisdiction upon a court not possessed of it under the Code of Civil Procedure and this being so, no exception can indeed be taken to the impugned order of the trial court holding that the court at Chandigarh lacked territorial jurisdiction.

(2.) THE matter here arises from an application filed under Sections 3 and 20 of the Arbitration Act, 1940 by the Plaintiffs M/s Punjab Spinning and Weaving Mills, seeking reference of the dispute between them and the Defendants to arbitration and the appointment of an arbitrator. The controversy being with regard to a contract for supply of cotton -yarn from the Mill at Bhatinda to Hissar. Admittedly, no part of the cause of action arose in Chandigarh and there is no dispute that the Defendants do not reside or carry on business at Chandigarh.

(3.) THE impugned order of the trial court holding that the courts at Chandigarh lacked jurisdiction is consequently hereby up -held and affirmed.