D.K. Seth J. - (1.) Facts : This appeal is directed against judgment dated 5th March, 1999 and decree dated 11th March, 1999 passed by the Learned Civil Judge (Senior Division), Maldah in O.C. Suit No. 220 of 1998, arising out of an application under 1, section 17 of the Arbitration Act, 1940 (1940 Act).
(2.) The respondent as plaintiff filed an application under Section 17 of the 1940 Act before the said Court at Maldah. The defendant/appellant entered appearance in the said proceeding on 21st December, 1998 and filed its written statement. It took an objection that the Court has no jurisdiction to pass judgment upon the award. In the said written statement, some grounds relevant to an application under Section 30 or of the Arbitration Act was taken. The Learned Court below had passed a judgment and decree upon the award. This appeal has since been preferred against the said decree. Submission on behalf of the Appellants :
(3.) Mr. Anwar Hussain The learned Counsel for the appellant submits that the contract was entered into within the district of Darjeeling. All the defendants have their place of business at Darjeeling. The cause of action arose within the jurisdiction of the Courts at Darjeeling. Neither any part of the cause of action arose nor any of the defendants reside or carry on business within the jurisdiction of Maldah Court. The Court, as defined in Section 2(c) of the 1940 Act, means a Civil Court having jurisdiction to decide the question forming the subject matter of the reference, if the same had been the subject matter of a suit. Since no part of the cause of action arose and no defendant reside within the jurisdiction of the Court at Maldah, therefore, the Courts at Maldah had no jurisdiction to entertain the said application under Section 17 of the 1940 Act and pass a decree thereon. He has also raised the question of limitation and maintainability of the proceedings. Submission on behalf of the Respondent :;