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2006 DIGILAW 550 (PNJ)

Sachdeva Rice And General Mills v. Punjab State Civil Supplies Corporation

2006-02-20

HEMANT GUPTA

body2006
Judgment HEMANT GUPTA, J. 1. The petitioner has sought transfer of petition filed by the petitioner under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as "the Act"), pending in the court of learned district Judge, Faridkot, to the court of Shri R. S. Baswana, Additional district Judge, Chandigarh. 2. The parties have entered into an agreement dated 6.11.1996. The dispute between the parties arising out of the said agreement was referred to the arbitrator. The arbitrator passed an award on 15.1.2005. Respondents No.1 and 2 filed objections under section 34 of the Act before the learned District Judge, Chandigarh, which is now pending adjudication in the court of Shri R. S. Baswana, Additional District Judge, chandigarh. Against the same award, the petitioner filed objections which are pending in the court of learned District Judge, Faridkot. 3. Since the objections filed by the petitioner at Faridkot were subsequent to the objections filed by respondents No.2 and 3 at chandigarh, the petitioner has sought transfer of objections filed by it to the competent court at Chandigarh. Learned counsel for the respondents has no objection for transfer of objections under section 34 of the Act from the court of district Judge, Faridkot to the court of Shri R. S. Baswana, Additional district Judge, Chandigarh. 4. In view of the facts and circumstances of the case and the stand of the respondents, the objections filed by the petitioner and pending in the court of District Judge, Faridkot, are transferred to the court of Shri r. S. Baswana, Additional District Judge, Chandigarh. The parties through their counsel are directed to appear before Shri R. S. Baswana, learned additional district Judge, Chandigarh, on 2.3.2006. The transferee court shall decide both set of objections together. The court of District Judge at Faridkot shall send the records of the case to the transferee court forthwith. The petition stands disposed of accordingly.