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1987 Supreme(Guj) 90

D.H.SHUKLA
STATE OF RAJASTHAN – Appellant
Versus
GUJARAT STATE CONSTRUCTION CORPORATION LIMITED,gandhinagar – Respondent


Advocates Appeared: A.N.PAREKH, S.B.VAKIL

D. H. SHUKLA, J.

( 1 ) THE petitioner State of Rajasthan is aggrieved by the order of the learned Civil Judge (S. D.) Narol dated 12-6-1987 below Exh. 7 being an application filed by the petitioner to hear the question of jurisdiction as a preliminary issue in Misc. Civil Applications Nos. 25 of 1987 26 of 1987 and 27 of 1987.

( 2 ) A few facts may shortly be stated to bring the controversy between the parties in a proper perspective. Brig. D. R. Kathuria was appointed Sole Arbitrator to decide different disputes between the State of Rajasthan and Gujarat State Construction Corporation Ltd. which arose out of three different contracts awarded to the latter by the former. The Chief Engineer Mahi-Bajaj Sagar Project Banswara filed three applications dated 21-3-1987 objecting to the jurisdiction of the Court namely the Civil Court (S. D.) at Narol contending that under Clause 41 of the Special Conditions of Contract all suits relating to the dispute arising out of the contract are required to be instituted in the trial Court of Rajasthan and praying that preliminary objection of the State of Rajasthan may be taken on record be heard and tried as a preliminary issue. The respondent Guja


























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