PUNJAB RICE MILLS Vs. PUNJAB STATE CIVIL SUPPLIES CORPORATION LTD
LAWS(P&H)-1990-8-44
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 06,1990

PUNJAB RICE MILLS Appellant
VERSUS
PUNJAB STATE CIVIL SUPPLIES CORPORATION LTD Respondents

JUDGEMENT

- (1.) THE challenge in 'revision here is to the order of the trial court extending time in arbitration proceedings, for the making of the Award, on the ground that the Court had no jurisdiction in the matter according to the agreement between the parties it was only the courts at Chandigarh that had the requisite jurisdiction to decide disputes between them.
(2.) IN dealing with the issue raised, it would be pertinent to note that the defendants admittedly resides at Jalalabad in District Ferozepore and whit is more, under the contract, the grain too was to be supplied within the jurisdiction of the courts at Ferozepore. The other and more Significant Circumstance is that counsel could not point to any material or circumstances to suggest thereby that any part of the cause of action arose in Chandigarh. This being so, the fact that by agreement the parties had decided that only the courts at Chandigarh had jurisdiction, cannot confer such jurisdiction upon the courts in Chandigarh nor indeed the other circumstances namely; that the Head Office of the respondents is located in Chandigarh. A complete answer in this behalf is provided by the judgment of this Court in M/s Punjab Spinning and Weaving Hills Ltd. v. M/s Bhiwani Trading Co. , (1987-1) 91 P. L. R. 355, where it was held; that parties cannot by agreement confer jurisdiction upon a court not possessed of it and further that the mere fact that the Head Office of the plaintiff was in Chandigarh, could not by itself be taken to confer jurisdiction, upon the courts in Chandigarh. No occasion is thus provided here for interference with the impugned order of the trial court, which is accordingly hereby up held and affirmed. This revision petition is therefore, hereby dismissed with costs. Counsel Fee Rs. 500/ -.;


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