UNION OF INDIA Vs. JIALAL KISHORILAL

JUDGEMENT

(1.) Heard the learned counsels for the parties under Order 41, rule 11 of the CPC.

(2.) This Misc. Appeal has been filed by the Union of India through General Manager, E.C.R. Hajipur, Bihar and others against the order dated 4.4.2009 passed by the learned District & Sessions Judge, Rohtas, Sasaram in Civil Miscellaneous (Arbitration) Case No. 65 of 2008 whereby the learned District Judge dismissed the application filed by the appellant under Section 34 of the Arbitration & Conciliation Act, 1996 on the ground that he has no jurisdiction to entertain the application filed under Section 34 of the Arbitration & Conciliation Act, 1996.

(3.) For better appreciation, the facts may be stated in brief, that tenders were invited by the appellant for construction of bridge between Dehri-on-sone and Mughalsarai and the tender of the respondent being the lowest, the Railway Administration accepted the tender by order dated 24.5.1993. Thereafter, dispute arose between the parties regarding the contract dated 28.10.1993. The Railway Administration then terminated the contract of the respondent by letter dated 26.9.1996.