Just a moment...

Report
FeedbackReport
Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2002 (5) TMI 725

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n reference made by the first petitioner under section 16 of the Sick Industrial Companies (Special Provisions) Act, 1985 ('the SICA'). The facts giving rise to the writ petition are as under : 2. The first petitioner entered into an agreement with the first respondent on 20-5-1989 whereby the first respondent was to execute civil structural works for the composite steel plant of the first petitioner at Malanpur, Gwalior, M.P., at a cost of Rs. 3.90 crores. It appears that disputes arose between the parties during the execution of the work. These were referred to an Arbitral Tribunal constituted by the sole arbitrator, Shri Dharni Dhar. The first respondent prepared a statement of claim in which it, inter alia, stated that from the very th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... application of the first petitioner for suspension of the proceedings. 3. On the other hand, the learned counsel for the first respondent submitted that the first petitioner has not exhausted the alternative remedy of appeal available to it under section 37 of the Arbitration and Conciliation Act, 1996 ('the Act'). He also submitted that the first petitioner has wrongly invoked the jurisdiction of this Court under article 226 of the Constitution as no cause of action has arisen within the territorial jurisdiction of this Court. According to him, the agreement and the project were executed within the District of Gohad, Bhind (MP). It was also submitted that the first petitioner had approached the Additional District Judge, Bhind, by means ....