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Uttaranchal Court June 2002 Judgments

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Jun 21 2002

National Hydroelectric Power Corporation Ltd. Vs. Asian Techs Rani Con ...

Court: Uttaranchal

Decided on: Jun-21-2002

Reported in: AIR2003Utr1

ORDERIrshad Hussain, J.1. This revision is directed against the impugned finding on preliminary issue No. 1 and order dated 9-8-2000 passed by Civil Judge (S.D.), Nainital in Civil Misc. Case No. 5 of 2000, arising out of an application under Section 14(2) of the Arbitration Act, 1940 (hereinafter referred to as the 'old Act' for short) moved by the petitioner for direction to the arbitrator to file the awardin the Court. It was held that the Court has no territorial jurisdiction to hear and decide the matter in controversy.2. Heard Sri Ajit Pudussery Advocate with Sri Anurag Bisaria Advocate for the petitioner and Sri George Thomas Advocate with Sri S.K. Posti, Advocate for the respondents.3. Brieily stated the facts of the case are as follows :--An agreement was entered into between the petitioner and the Respondents Nos. 1. 2 and 3 for executing the work of construction of Power Channel for the Tanakpur Hydro Electricity Project. Disputes arose between the parties. On an application...


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