M/S. ANSARI BUILDERS Vs. UNION OF INDIA

JUDGEMENT

(1.) IN pursuance to a Notice Inviting Tender dt. 16.01.1989 a contract was given to the applicant for providing "Construction of Certain Married Accommodation at AF Bhuj". As per the applicant, a work -order in this regard was issued on 07.06.1989. The work assigned in the year 1991 and a certificate in this regard was issued by the competent authority on 25.05.1991. A final bill was prepared on 26.03.1992, which was accepted by the applicant under protest. The applicant then submitted an application to appoint arbitrator as per Clause 70 of the agreement but no arbitrator was appointed. An application for appointment of arbitrator, thus, was preferred before the Court of learned District Judge, Jodhpur, that came to be returned under the order dt. 07.09.2005 for its proper presentation before the High Court, being having pecuniary jurisdiction. An application then was filed before this Court on 05.06.2006. The office of this Court on 04.09.2006 pointed out seven very minor defects in the application. Shri Amit Sharma, learned counsel filed power in the matter on 01.07.2013. The defects then were removed on 19.07.2013. The matter, as such, is coming before the Court after a lapse of seven years from the date of its presentation. Learned counsel submits that the dispute between the parties is yet existing and, therefore, arbitrator is required to be appointed.

(2.) THE applicant has also not placed a copy of the agreement, from which dispute is arising. A notice dt. 24.02.1994 said to be given by the applicant for appointment of arbitrator is also not filed alongwith its annexures.

(3.) FROM perusal of the documents annexed with the application it is apparent that the entire cause relating to the agreement in -question pertains to the State of Gujarat, as such, this Court is not having territorial jurisdiction for appointment of arbitrator, as prayed for. The application is dismissed accordingly.