( 1 ) THIS is an application filed by S. C. Malik, herein called the petitioner , under Section 20 of the Arbitration Act, praying that the respondent, Union of India, be directed to file in Court, the arbitration agreement forming part of the contract, i. e. acceptance of tender No. Kan/1092-D/kp-6/86/paod dated February 16, 1968 and the disputes and differences between the parties be referred to arbitration by an order of reference.

( 2 ) A preliminary objection was raised on behalf of the Union of India that this Court has no territorial jurisdiction to entertain the application inasmuch as the contract was governed by the general conditions of contract contained in Form 68 (revised) which has the following Cl. 20 (3):-

"20 (3) Jurisdiction of Courts. The Courts of the place from where the acceptance of tender has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the contract. "

( 3 ) THE following issue accordingly was framed to be tried as a preliminary issue:

"whether this Court has jurisdiction in the matter?"

( 4 ) IT is not disputed that the contract is governed by Form-DGS and D-68 (revised), which embodies the genera