CHINAR STEEL INDUSTRIES Vs. IRCON INTERNATIONAL LIMITED

JUDGEMENT

(1.) THIS is an application filed under Section 11 of the J&K Arbitration and Conciliation Act, 1997 ( for brevity the Act ' )with a prayer for referring the dispute to an independent Arbitrator.

(2.) A preliminary issue has been raised by respondent that on account of a clause in the agreement dated 15.09.2008 the courts at New Delhi have the territorial jurisdiction because the jurisdiction of courts at Srinagar has been ousted.

(3.) THERE is a dispute between the parties with regard to territorial jurisdiction of this Court to adjudicate on this application. In that a preliminary objection has been raised by the respondent. Mr. Baba, learned counsel for the respondent has placed reliance on Clause 51 of the General Conditions of Contract which is set out below in extenso: