D.K. Seth, J. - (1.) An application under Section 20 of the Arbitration Act, 1940 was filed before the Court at Alipore. After having received the summons, the defendants/respondents had filed an application for vacating the interim order obtained by the plaintiff/appellant herein as well as for disposal of the suit, rejection of the plaint on the ground that the Court had no jurisdiction to try the suit. By Order No. 48 dated 15th January, 1993 the said application was allowed by reason whereof the suit was dismissed and the interim order was vacated on the ground that the Court had no jurisdiction which is the subject-matter of this appeal.
(2.) The case made out in the plaint, inter alia, was that there was an offer issued by the plaintiff on 8th July, 1985 from its Calcutta Office at Taratala Road for design, manufacture, supply and erection of the plant at Pondicherry. The offer was accepted by the defendant/respondents through its letter, according to the plaintiff, at Calcutta Office, which is dated 19th October, 1985. Thereafter, several correspondences were made and meetings were held and ultimately pursuant to such meeting held at Madras three agreements all dated 19th May, 1986 were executed by and between the parties. In terms of such agreement the works were undertaken by the plaintiff and ultimately some dispute having arisen, the application under Section 20 of the Arbitration Act, 1940 was filed before this Court in the Original Side. The said application was, however, dismissed by this Court by a judgment dated September 11, 1989 passed in Civil Suit No. 64 of 1988 on the ground that this Court had no jurisdiction. Thereafter, the present application under Section 20 of the Arbitration Act was presented before the Court at Alipore. This was registered as Title Suit No. 81 of 1989 of the 6th Court of the Assistant District Judge at Alipore.
(3.) The learned Counsel for the plaintiff/appellant had pointed out that the agreement was one for design, manufacture and supply and erection. The contract had several parts. It includes designing, which is made at Calcutta, it includes supply which is also made at Calcutta. Inasmuch as, the delivery was to be effected at Calcutta. He also contends that the payment was to be made at Calcutta since it was agreed that the cheques were to be made payable at Calcutta. Therefore, according to him, parts of cause of action had arisen at Calcutta. Accordingly, the Court at Alipore has jurisdiction. He had referred to various documents contained in the Paper Book.;