B.R. Arora & Associates Pvt. Ltd. v. Union Of India & ANR.

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 39/2018 B.R. ARORA & ASSOCIATES PVT. LTD.

..... Decree Holder Through:

Mr. Vaibhav Dang, Adv.

versus UNION OF INDIA & ANR.

..... Judgement Debtor Through:

Mr. Jaswinder Singh, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 21.05.2018 This petition under Section 29A(4) of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner seeking extension of time for making of the award by the Arbitral Tribunal adjudicating the disputes that have arisen between the parties in relation to the Agreement dated 06th February, 2009. Learned counsel for the respondent submits that in terms of Clause- 72 of the General Condition of the Contract, the place of acceptance of the tender or the place where the work is executed/ is under execution shall alone have the jurisdiction. In the present case, as the work tender was accepted at Bangalore and the work is being executed at Sulur, Coimbatore, only courts at Bangalore or Coimbatore would have the territorial jurisdiction. The learned counsel for the petitioner is not in a position to deny the above averments.

In view thereof, present petition is dismissed for want of territorial jurisdiction.

NAVIN CHAWLA, J MAY 21, 2018 Pallavi