- (1.) Defendant issued a tender for supply of tie bars. The plaintiff participated in such tender. The plaintiff became successful in such tender and was awarded a contract. Disputes and differences arose between the parties with regard to such contract. The contract between the parties contained an arbitration agreement. Disputes between the parties were referred to arbitration. The plaintiff challenged the appointment of the arbitrator before this Hon'ble Court. Such challenge was dismissed by a judgment and order dated June 2, 1983 on the ground that the Hon'ble Court lacked territorial jurisdiction. The sole arbitrator entertained into reference and an award was published on June 16, 1984. The award held that the plaintiff was not entitled to any sum whatsoever from the defendant. Such award was made a rule of the Court by the Additional Judge, Civil Court, Secunderabad on November 21, 1984. No application for setting aside the award was made. No appeal was preferred against the decree dated November 21, 1984.
(2.) The plaintiff, thereafter, approached this Hon'ble Court and filed the instant suit seeking declaration and a money decree for Rs. 9,37,670.91. The same contract between the parties which culminated into the decree dated November 21, 1984 was the basis of instant suit. In the instant suit the defendant filed written statement and took the point of lack of jurisdiction of this Hon'ble Court on the basis of Clause 2703 of the tender conditions.
(3.) The suit was pending before this Hon'ble Court since 1985. The defendant made the present application in August, 2013 and sought for an order for return of the plaint for presentation to the learned Court having jurisdiction to hear the suit.;