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2023 Supreme(Jhk) 1074

SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Heavy Engineering Corporation Limited – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Gulam Mustafa, Advocate (through, VC)
For the Respondent:Mr. Prem Pujari Roy, Advocate, Ms. Jyoti Nayan, Advocate, Ms. Sunita Kumari, A.C. to Sr. S.C. - II

JUDGMENT :

Shree Chandrashekhar, J.

This Letters Patent Appeal challenges the writ Court’s order dated 22nd October 2019 dismissing W.P.(C) No. 3533 of 2019.

2. Briefly stated, pursuant to a tender notice dated 13th August 2010 issued by the Corporation for supply of fabricated items an offer was made by M/s National Small Industries Corporation Limited (in short, NSICL) which was accepted by M/s. Heavy Engineering Corporation Limited (in short, the Corporation) and a rate contract was signed on 23rd November 2010. Pursuant thereto, purchase order was issued by the Corporation for supply of fabricated items as per the drawings of the Corporation. According to the Corporation, the purchase order was issued on certain terms and conditions and one of the provisions thereunder was that the parties shall resolve the dispute in accordance with the arbitration agreement. It was further provided therein that the Court at Ranchi shall only have jurisdiction to entertain a petition arising out of the contract dated 23rd November 2010. Now, in order to supply the fabricated items to the Corporation, the NSICL placed work orders dated 1st December 2010 and 3rd January 2011 to M/s Pioneer Industri

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