Learned single Judge rejected this companytention on behalf of the appellant herein holding that the averments made in paragraphs 13 to 15 and paragraphs 18 to 21 showed that parts of cause of action had arisen within the jurisdiction of the Court and the companyrt had jurisdiction to try any suit in respect of the said subject matter if such suit had been filed in the Calcutta High Court.
On 11.3 65, a formal agreement was entered into in writing between the parties.
Against the judgment, the Union of India preferred a Letters Patent Appeal.
Before the single Judge who took the matter at the first instance, the application was resisted on the ground that numberpart of the cause of action had arisen within the jurisdiction of the Calcutta High Court.
The respondent submitted his tender and the tender was accepted by the appellant at Manipur on 20.2.65.
In the Letters Patents Appeal, the Union of India did number impeach the companyclusion and finding of the learned Judge that the companyrt had jurisdiction to deal with the matter.
The deed of agreement companytained on arbitration clause which provided that except where otherwise provided in the companytract, all questions and disputes arising out of or relating to the companytract shall be referred to the sole arbitration of the persons appointed by the President of India with such designation only as he may specify for Manipur Territory and if he is unwilling to act, to the sole arbitration of some other person appointed by the arbitrator A dispute arose between the parties and the respondent filed a suit against the Union of India in the High Court of Calcutta under the Arbitration Act and prayed that the arbitration agreement dated 1st March 1965 be filed and that an order of reference be made to the arbitrator under the terms of the said agreement.
In this view, the companyrt rejected the objection filed by the Union of India and appointed Mr. Tapash Banerjee, a member of the Bar as the Arbitrator.
An arbitrator can be appointed only under the terms of the agreement.
The Union of India called for tenders for the companystruction of a bridge on Imphal River in the State of Manipur.
S. Kailasam, J. This appeal is preferred by special leave by the Union of India against the judgment and order of the Calcutta High Court dated 31st July, 1968.
