NARAMADA INDUSTRIES Vs. U P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) FACTS giving rise to this petition under Section 28 of the Arbitration Act 1940. for enlargement of time for making the award are that as per the terms of the agreement arrived at between the parties i.e. Narmada Industries and U.P. State Electricity Board, disputes and differences which had arisen between them were referred to the arbitration of respondents 2 to 4, who entered upon the reference, but could not make the award within four months and, therefore, this application for extension of time has been made at Delhi.

(2.) THE respondent contested this application pleading that this Court has no territorial jurisdiction to entertain this application, as the agreement between the parties was entered into at Lucknow. respondent No, 1 does not have any office or place of busness at Delhi and no cause of action has arisen at Delhi. Even the disputes were not referred to arbitration at Delhi. THE Arbitrators for their convenience arc, however, holding the proceedings at New Delhi. It has also been alleged that the respondent No. 1 has already filed a petition under Section 11 and 12 of the Arbitration Act praying for removal of the arbitrators which is pending before the Civil Judge Lucknow and there has been stay of the arbitration proceedings from that court. According to the respondent. Civil Judge Lucknow is the only court competent to entertain this application. Reference to the arbitrators was not by the courts at Delhi.