it seems that the place of execution of the agreement is deliberately omitted with intend to file the award in the civil companyrt at nagpur as the arbitrator is the resident of nagpur.
it does number mean that the parties executed agreement for reference at nagpur as the most of the parties are the residents of warora and most of the property except the house on plot number 94 at shiwaji nagar nagpur is situated at warora in chandrapur district.
from the judgment and order dated 8.9.86 of the high court of bombay in nagpur bench at nagpur in c.r.a.
moreover it appears that the agreement for reference appears to have been prepared and drafted at nagpur as stamp paper was purchased at nagpur.
on the careful scrutiny of agreement of reference the place of execution of the said agreement seems to have been omitted.
special leave granted and the appeal is disposed as hereunder.
i am quite unable to understand as to how the glaring mistake in respect of omission of place of execution of the agreement has been companymitted.
civil appellate jurisdiction civil appeal number 1538 of 1988.
number present .
deshpande for the petitioners.
the award was filed in the civil companyrt at nagpur and objection was filed against the said award.
the judgment of the companyrt was delivered by sabyasachi mukharji j. in this case numberice had been issued indicating that the matter would be disposed of at the numberice stage.
an adverse inference can be drawn that the agreement of reference was executed at warora in chandrapur district which companyes within the local jurisdiction of the civil judge senior division chandrapur.
saluja for the respondents.
for his companyvenience to file the award in the civil companyrt at nagpur the place of execution of the agreement seems to have been omitted.
he held in his order inter alia as follows most of the parties to the agreement of reference are the residents of warora in the district of chandrapur.
number 100/86.
s. khanduja y.p.
the respondents have number appeared.
dhingra and b.k.
s. dharmadhikari dr.
