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1984 Supreme(Ori) 71

R.C.PATNAIK
PATTNAIK INDUSTRIES PVT. LTD. – Appellant
Versus
KALINGA IRON WORKS – Respondent


Advocates Appeared:
B.MISHRA, D.S.MISRA, P.MOHANTY, S.K.MOHANTY

R. C. PATNAIK, J.

( 1 ) THE question posed for decision in this case is if a party can be relieved of an agreement that a dispute arising between him and the other contracting party shall be tried in one of the Courts where two or more Courts under the Civil P. C. have jurisdiction to try the suit or proceeding ?

( 2 ) THE facts leading to the present dispute in nutshell are as follows : The petitioner is a private limited company dealing in manufacture of Cast Iron articles. Opposite party No. 1 is a Government of Orissa Undertaking being a unit of Industrial Development Corporation of Orissa, opposite party No. 2. The petitioner entered into a contract with opposite party No. 1 for purchase of scrap. The petitioner has alleged that he deposited the security money. It appointed labourers for collection of materials and other staff for supervision thereof. It received a letter from opposite party No. 1 on 3-1-75 for payment of certain amount owed to opposite party No. 1 and to one Ferro Chrome Project. The petitioner was intimated that unless the amount was deposited lifting of the scrap would not be permitted. Despite protest, the petitioner was not allowed to lift the materials.






















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