AIR 1999 SUPREME COURT 2352 ::1999 AIR SCW 2454 ::1999 (2) Arbi LR 220 ::1999 (2) ADSC 147 ::1999 (2) UJ (SC) 899 ::1999 UJ(SC) 2 899 ::(1999) 2 ArbiLR 220 ::(1999) 34 CorLA 95 ::(1999) 2 CivLJ 530 ::1999 (2) SCC 446 ::(1999) 1 Scale 503 ::1999 (35) All LR 569 ::1999 (1) CurCC 163 ::1999 (3) Bom CR 94 ::1999 (2) Bom LR 356 ::1999 Bom LR 2 356 ::1999 (2) Supreme 121 ::(1999) 1 JT 506 (SC) ::1999 (1) JT 506 ::1999 (3) SRJ 302

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): Sujata Manohar, R. C. Lahoti , JJ

Civil P.C. (5 of 1908) , S.120, S.20— Original Civil Jurisdiction of High Court - Charter party agreement by Corporation for transfer of goods - Principal office of Corporation in Delhi - Dispute between parties - Reference to arbitration - Award filed in Bombay High Court where arbitration took place - S. 20 of Civil P. C. not applicable - In view of Cl. 12 of Letters Patent (Bom.) determining jurisdiction of Bombay High Court in its original civil jurisdiction, it would have jurisdiction because Corporation had one of its place of business in Bombay as contemplated by Cl. 12. Letters Patent (Bom) , Cl.12— Ordinarily, the phrase "Civil Court having jurisdiction to decide" in S. 2(c) of the Arbitration Act, 1940 would refer to a Court having jurisdiction under S. 20 of the Civil Procedure Code. Therefore, where the Corporation which had its principal office at Delhi had entered into charter party agreement for transport of goods and there was a dispute between parties which was referred to arbitration, the High Court of Bombay where the arbitration took place and the award was filed by the arbitrator would not have jurisdiction to take the award on file as no part of cause of action arose within the jurisdiction of Bombay High Court and also in view of Expln. to S. 20 of Civil P. C. which provided that the Corporation shall be deemed to carry ....