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1979 Supreme(Del) 88

SULTAN SINGH
NATIONAL TAR PRODUCTS – Appellant
Versus
HIMACHAL PRADESH STATE ELECTRICITY BOARD – Respondent


Advocates Appeared:
L.R.GUPTA

Sultan Singh

( 1 ) THIS is a petition under Section 28 of the Arbitration Act, 1940. The parties entered into an agreement dated 12th Dec. 1974 at Simla for the supply of material by the petitioner to the respondent. Disputes arose between the parties. Shri L. R. Gupta,. Advocate and Shri V. M. Bajaj, Superintending Engineer (Investigation) Circle No. 1, Himachal Pradesh State Electricity Board, Simla were appointed as arbitrators. It is stated that sometimes arbitration proceedings were held at Delhi and the arbitrators have not, been able to give their award within the statutory period therefore the present petition for extension of time for the making of the award.

( 2 ) THE respondent in reply objects to the jurisdiction of this court to entertain the present petition. It is stated that the agreement in question was executed at Simla, that no part of the cause of action arose at Delhi, and that the venue of arbitration proceeding was left to be decided to the arbitrators Clause 2 (p) of Article I of the agreement dated 12th December, 1974 is as under.

"jurisdiction :-The contract shall be governed by the laws of India for the time being in force and shall be subject to the juris




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