Amitava Lala, J. - (1.) This is an application under Section 9 of the Arbitration & Conciliation Act, 1996. The application was made by making a sole respondent as party i.e. Dodsal Limited, a company incorporated under the Companies Act, 1956 and having its registered office 'Mafatlal House' Back bay Reclamation, Post Box No. 10102, Bombay-400 020 and further describing also carrying on business from 1, Brabourne Road, Calcutta, 700 007 within the aforesaid jurisdiction.
(2.) No prayer is made for granting leave under Clause 12 of the Letters Patent. It appears that the contract i.e. Work Order, was executed at the head office of the respondent at Bombay and the performance of the work are done or to be done outside the jurisdiction similarly with the clause of pay ability of the money. The arbitration clause provides as follows:- "17. ARBITRATION In the event of disputes arising out of or in connection with this Work Order which cannot be settled in an amicable manner, such disputes shall be settled in accordance with Rules of Conciliation and Arbitration of the Indian Arbitration Act 1996. The venue of this Arbitration shall be Bombay."
(3.) As and when the petitioner wanted to move this application the Court wanted clarification to the question of jurisdiction as to whether any part of the cause of action is rising within the jurisdiction or not for the purpose of invoking jurisdiction of this Court to entertain, try and determine the application. The petitioner stated that there is no necessity of obtaining leave under Clause 12 of the Letters Patent since the respondent is also carrying on business from 1, Brabourne Road, Calcutta-700 007, within the aforesaid jurisdiction.;