P.C.Ghose, J. - (1.) This is an application filed by the petitioner inter alia praying for an order that- (a) Delay in making the application for setting aside the award be condoned. (b) The award dated 20th November 1998 be set aside and/or declared null and void. (c) The decree passed on 5th March 1999 in terms of the said award be recalled and/or set aside.
(2.) This is an application filed by the petitioner inter alia challenging an award dated 20th November 1998 published by the learned Arbitrator. It further appears that the decree has already been passed in terms of the said Award on March 5, 1999. The petitioner has filed this application on March 9,1999 challenging the said Award.
(3.) The points have been taken by the petitioner in this application are as follows: - The Award should be declared as null and void inter alia on the grounds- (i) This Hon'ble Court had no jurisdiction to adjudicate upon the disputes and differences that have arisen between the parties inasmuch as this Hon'ble Court had no inherent jurisdiction to entertain an application for appointment of an arbitrator. (ii) The petitioner Darjeeling Municipality neither carries on business nor resides within the original jurisdiction of this Hon'ble Court. The contract between the parties was executed at Darjeeling; the entire work under the contract had been carried on a Darjeeling. No part of the cause of action has arisen within the jurisdiction of this Hon'ble Court.;