1999 (2) TMI 686

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....ssa. In respect of the cargo so discharged there were disputes and differences between the parties regarding freight and demurrage charges. Since the charter party agreement contained an arbitration clause; the parties referred the disputes to arbitration. The arbitration took place in Bombay. Arbitrators gave their award and filed it in the Bombay High Court. It is contended before us by the appellant that the Bombay High Court had no jurisdiction to take the award on file or to issue any process in connection with it. The High Court in the impugned judgment, has upheld the jurisdiction of the Bombay High Court on the ground that the appellant who is in the position of a defendant, has one of its places of business at Bombay. Under Secti....

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....t of any cause of action arisen at any place where it has also a subordinate office at such place." In view of this Explanation the appellant under Section 20 is deemed to carry on business at its principal office in India. In respect of any cause of action which arises at a place where it has its subordinate office, the court at that place would also have jurisdiction. In view of this explanation, the Bombay High Court would not have jurisdiction under Section 20 of the Civil Procedure Code. In this connection our attention was also drawn to a decision of this Court in Hakam Singh v. M/s Gammon (India) Ltd. (1971 (3) SCR 314), where this Court said that the Code of Civil Procedure in its entirety apples to the proceedings under the ....