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1983 Supreme(Del) 325

D.K.KAPUR, S.RANGANATHAN
UNION OF INDIA – Appellant
Versus
BAKHTAWAR SINGH BAL KRISHAN – Respondent


D. K. Kapur,j.

( 1 ) THIS appeal is directed against the judgment delivered by Anand J. in Suit No. 511-A of 1980, on an application under Sections 14 and 17 of the Arbitration Act, 1940. The judgment is confined to issue of jurisdiction only which was the preliminary issue.

( 2 ) THE award in question was given by Brigadier Joginder Singh on 28th October, 1981, and the contract out of which the dispute arose was one for execution of Civil Works, i. e. , modernisation and augmentation of the Ordnance Factory at Moradnagar. It is undisputed that the contract was executed at Bareilly and the work was to be done in Moradnagar, both in the State of Uttar Pradesh. No part of the cause of action arose in Delhi.

( 3 ) THE jurisdiction of the Delhi Court was invoked (a) on the ground that the Union of India was carrying on business at its principal seat at Delhi and (b) on the ground that the Full Bench decision of this Court in Shri Ram Rattan Bhartia v. Food Corporation of India and another, A. I. R. 1978, Delhi 183, had settled the question that proceedings under the Arbitration Act could be taken at the place where the defendant resided or carried on business or personally worked for g









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