UNION OF INDIA (UOI) AND ANR. Vs. MOHAN INDUSTRIES AND ANR.
LAWS(P&H)-2007-2-108
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 07,2007

Union of India (UOI) and Anr. Appellant
VERSUS
Mohan Industries Respondents

JUDGEMENT

Hemant Gupta, J. - (1.) THE challenge in the present revision petition is to the orders passed by the Courts below, whereby the award dated 24.5.1994 was ordered to be made Rule of the Court and the objections filed by the petitioner to the effect that Court at Jalandhar had no territorial jurisdiction to entertain the petition for making the award as Rule of the Court, was declined.
(2.) THE respondent herein was granted contract for provision of air conditioning of certain buildings at Chandigarh on 13.5.1983. The contract was accepted at Chandigarh. The dispute between the parties was referred to arbitration of Shri. R.C. Tripathi, Superintending Engineer acting as sole Arbitrator, who published his award on 25.5.1994. The respondent filed an application for making the said award as Rule of the Court at Jalandhar i.e the place where the Arbitrator conducted in the proceedings. The objections filed by the petitioner that the Jalandhar Court had no territorial jurisdiction, has been declined on the ground that Shri Tripathi was posted as Superintending Engineer, Jalandhar Cantt. and the proceedings were conducted at Jalandhar, therefore, the Court at Jalandhar had territorial jurisdiction to entertain the application. The Learned appellate Court affirmed the said order and found that no objections have been filed against the award and that no prejudice has been caused to the appellants even if the Courts at Jalandhar had no territorial jurisdiction to entertain the application.
(3.) LEARNED Counsel for the petitioner vehemently contended that the Jalandhar Court had no territorial jurisdiction to entertain the application for making the award as Rule of the Court. Reliance is placed upon the Supreme Court judgment reported as A.B.C. Laminart Pvt. Ltd. and Anr. v. : [1989]2SCR1a .;


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