Prabir Kumar Majumdar, J. - (1.) Six appeals have been heard together being Appeal from Original Order nos. 72 to 77 of 1963. Six appeals are against the orders passed by P.C Borooah, J on 20th January, 1983 in six applications filed by the respondent, University of North Bengal for setting aside six awards filed in this court. The said orders all passed on 20th January, 1983 are identical in terms By the said orders it has been held by the learned Judge of the court of first instance that this court has no jurisdiction to entertain the awards filed in this court, as according to his Lordship, this court is not the c start within the meaning of Section 2 (c) of the Arbitration Act, 1940 and also no part of the cause of action has arisen within the jurisdiction of this Court. By such finding or decision the learned Judge of the court of first instance has directed that the awards be returned for being filed in the appropriate court as according to his Lordship this court is not the court within the meaning of Section 2(c) of the Arbitration Act, 1940.
(2.) The facts constituting the subject matter of appeals nos. 72-74 are sightly different from the facts constituting the subject matter of appeals nos. 75-77 The first three appeals, namely, appeals nos. 72-74 relate to construction of North Bengal University General Hospital (500 bedded) and the last three appeals nos. 75 to 77 of 1983 relate to the construction of North Bengal University Medical College For construction of Medical College Hospital three separate written contracts were entered into by and between the appellant, M/s Unit Constraction Co (P) Ltd. and the respondent. University of North Bengal at Sushrutnagar, Siliguri. In respect of North Bengal University Medical College, similarly, three separate written contracts were entered into by and between the said parties at Sushratnagar. In all the said six contracts the appellant offered to construct the work which was allotted by the respondent after obtaining the approval of the Government. During the continuance of the work relating to the construction of North Bengal University General Hospital the appellant requested the respondent on 14th April, 1974 for enhancement of rates for the balance works with effect from 1st April, 1974 on the ground, inter alia, of rise in prices of materials. The said request for enhancement of rates was thereupon recommended by the respondent for consideration of the State Government. On receipt of said recommendation by the respondent, the Government requested the parties to negotiate and settle a minimum amount acceptable to the appellant. The appellant ultimately agreed to the enhancement of rates, at the rate 26% above for Group 'A', 25% above for Group-'B' and 30% above for Group-'C'. The enhancement of said rates was ultimately approved by the Cabinet by its decision no 5298 dated 3.6 1976.
(3.) The respondent before miking final payment in respect of the works done started deducting at the enhanced rate for supply of cement and steel to be supplied by the respondent as per contract The dispute arose between the parties regarding recovery on account of cement and steel at the enhanced rate.;