Som Nath Verma vs Union Of India
1984 Latest Caselaw 331 Del

JUDGMENT

B.N. Kirpal, J.

(1) Petitioner entered into a contract with Govt. for construction of some quarters. His tender was of more than Rs. 3 lakh. After completion of work, he claimed that Govt. had not paid him Rs. 67,258.00. He filed application u/Ss. 8 and 20, Arbitration Act in the High Court. One of the objections was that High Court had no pecuniary jurisdiction.] After giving above facts, judgment proceeds :-

(2) It is contended by learned counsel for the respondents that the claim of the petitioner is for the aforesaid amount of Rs. 67,258.00. According to learned counsel, this Court would have pecuniary jurisdiction only if the claim was of more than rupees one lac.

(3) Shri Kumar, learned counsel for the petitioner however, submits that the contract in question a was for a sum of Rs. 3,27,128.00. The cleric arose out of that contract and, therefore, this Court had the pecuniary jurisdiction to decide this petition.

(4) In order to decide whether this Court has pecuniary jurisdiction or not what has to be seen is whether a civil suit for the relief which is prayed before the arbitrator could be filed in this Court, The only relief which is claimed by the petitioner is for the aforesaid amount of Rs. 67,258.00, which is claimed from the respondents. If there was no arbi. Som Nath Verma Vs. U.O.I tration agreement between the parties, the petitioner would have had to file a suit for the recovery of the aforesaid amount. To my mind, there could be little doubt that even though the contract between the parties may be in respect of the work which had to be done valuing more than rupees one lac, the suit for the recovery of Rs. 67,858.00 could not be filed in this Court. If the question had been with regard to the, validity and recession of the contract, then of course, suit could have been filed in this Court because for the purpose of jurisdiction the value of the contract would have been taken. Where however, as in this case, the claim is for a specific amount of money, the valuation will depend upon the quantum of claim involved in this case. As no suit could be filed in this Court for the recovery of Rs. 67,550.00 it must follow that present petition under Section 20 of the Arbitration Act can also not be filed in this Court. As already noticed, the claim of the petitioner is for a sum of Rs. 67,258.00 and this court has no pecuniary jurisdiction to deal such a matter. Petition resumed for filing in proper Court.