Joyrath Projects Pvt. Ltd vs Simplex Infrastructures Ltd
2022 Latest Caselaw 2909 Cal/2

       ORDER                                                                 OD-10

                                    AP/753/2022

                       IN THE HIGH COURT AT CALCUTTA
                     ORDINARY ORIGINAL CIVIL JURISDICTION

                           JOYRATH PROJECTS PVT. LTD.
                                    VERSUS
                         SIMPLEX INFRASTRUCTURES LTD.

   BEFORE:
   THE HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA
   DATE : 1st December, 2022
                                                                         APPEARANCE:
                                                             Mr. Chayan Gupta, Advocate
                                                              Mr. Arnab Sardar, Advocate
                                                            Mr. Sayan Ganguly, Advocate
                                                                      ....for the petitioner
                                                             Mr. Snehashis Sen, Advocate
                                                         Mr. Abhishek Banerjee, Advocate
                                                                    ....for the respondent

The Court:- Supplementary affidavit filed by the applicant is taken on

record.

Learned counsel for the respondent has raised an objection that in

the present case, the work order was executed outside the territorial

jurisdiction of this Court. The work also took place invoices were issued from

outside the territorial jurisdiction. Therefore, no cause of action arisen within

the jurisdiction of this Court. Hence, application under Section 11 of the

Arbitration and Conciliation Act, 1996 cannot be entertained by this Court. In

support of his submission, he placed the judgment of the Supreme Court in the

matter of Ravi Ranjan Developers Pvt. Ltd. vs. Aditya Kumar Chatterjee

reported in 2022 SCC Online SC 568. He has also submitted that if the work

order is not signed and there is no exchange of communication between the

parties supporting it then no arbitration agreement exists between the parties

and in terms of Sub-section 2 of Section 8, original arbitration agreement or a

certified copy thereof is required to be filed.

Learned counsel for the applicant seeks time to examine the same

and address on the preliminary objection.

List on 15th December, 2022.

(PRAKASH SHRIVASTAVA, C.J.)

akg/