JUDGMENT - KANADE V.M., J.:-Petitioner is challenging the order passed by the Second Extra Joint District Judge Pune in Misc. Civil Application No. 702 of 2001 dated 10-7-2002 whereby the application made by the petitioner raising a preliminary issue regarding the maintainability of the Misc. Civil Application in the Pune Court was rejected.

2.Brief facts are as under :--

3.Petitioner is a Government Company within the meaning of section 617 of the Companies Act, 1956 by virtue of its share capital being held solely and exclusively by the State Government. Petitioner-company has been established with the sole objective of executing road development projects in the State of Maharashtra. Respondent No. 1 is a Public Limited Company with whom the petitioner had entered into a contract for constructing a segment of the Mumbai-Pune Expressway being Segment 'C' from Kusgaon to Ozarde. Petitioner and respondent No. 1 entered into a written contract on 27-1-1998. Clause 5(1)(b) of the said contract which is relevant for the purposes of deciding the present application is reproduced hereinbelow:--

"The contract shall be governed by and construed in accordance with the governing law of India an

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