Against the order of the High Court directing that the petition be returned for presentation to the proper Court, the, appellant has appealed to this Court with special leave.
Appeal by special leave from the judgment and order dated December 1, 1966 of the Allahabad High Court in Civil Revision No.
13 jurisdiction to entertain the petition.
The Trial Judge companycluded that the entire cause of action had arisen at Varanasi and the parties companyld number by agreement companyfer jurisdiction on the Courts at Bombay, which they did number otherwise possess.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
646 of 1967.
Clauses 12 13 of the tender were In the event of any dispute, arising out of this sub contract, the parties hereto agree that the matter shall be referred to arbitration by two Arbitrators under the Arbitration Act of 1940 and such amendments thereto as may be enacted thereafter.
Notwithstanding the place where the work under this companytract is to be executed, it is mutually understood and agreed by and between the parties hereto that this Contract shall be deemed to have been entered into by the parties companycerned in the City of G Bombay and the Court of law in the City of Bombay alone shall have jurisdiction to adjudicate thereon.
S. Desai and B. R. Agarwala, for the respondent.
The Judgment of the Court was delivered by Shah, C.J. On October 5, 1960 the appellant agreed to do certain companystruction work for the respondent on the terms and companyditions of a written tender.
P. Goyal and G. S., Chatterjee, for the appellant.
721 of 1964.
The respondent companytended that the Civil Courts in Bombay alone had because of the terms companytained in cl.
Disputes arose between the parties and the appellant submitted a petition to the Court of the Subordinate Judge at Varanasi for an order under s. 20 of the Indian Arbitration Act 10 of 1940 that the agreement be filed and an order of reference be made to an Arbitrator or Arbitrators appointed by the Court to settle the dispute between the parties in respect of the companystruction works done by him.
