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1986 Supreme(Ori) 55

P.C.MISRA
INDIAN RARE EARTHS LTD. – Appellant
Versus
UNIQUE BUILDERS LTD. – Respondent


Advocates Appeared:
B.DAS, DEEPAK MISRA, DEVANAND MISRA, JAYANTA DAS, M.S.HAQUE, P.K.PATRA, R.N.NAIK, RAJEN MOHAPATRA

P. C. MISRA, J.


( 1 ) THIS revision is directed against the order dated 5-1-85 passed in Misc. Case No. 117 of 1983 (Arbitration) by the Subordinate Judge (I), Cuttack. The aforesaid Miscellaneous case was filed for appointment of an Arbitrator to adjudicate disputes between the parties. The learned Court below after hearing the parties ordered for appointment of an Arbitrator overruling the objection raised by the present petitioner on the ground that only the Courts of Maharashtra shall have the jurisdiction to determine the matter in issue and the jurisdiction of all other Courts having been ousted by an agreement between the parties.

( 2 ) THE present opp. party was entrusted with the work "structural Steel and Cladding Work in Bulk Ware Houses" as per the agreement between the petitioner and the opp. party. The work order issued by the present petitioners was received by the contractor (present opp. party) in their office at Cuttack. During the execution of the work certain disputes arose between the parties which was brought to the notice of the present petitioners, by letters dated 7-6-82 and 11-8-82. There being no response to the said letters the present opp. party reques










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