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2019 DIGILAW 844 (SC)

Punjab State Co-operative Milk Producers Federation Ltd v. Kristam Engineers (p) Ltd

2019-02-25

A.M.KHANWILKAR, AJAY RASTOGI

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ORDER 1. Leave granted. 2. Heard learned counsel for the parties. 3. This appeal takes exception to the judgment and order dated 10th November, 2017 passed by the High Court of Punjab and Haryana at Chandigarh in C.R. No.3111 of 2013. 4. This Court on 26th March, 2018 while issuing notice to the respondent observed thus : "Delay condoned. It is submitted by learned counsel for the petitioner, the High Court could not have entertained the Civil Revision under Arbitration Act, 1940. That apart, it is contended by him, the High Court could not have remanded the matter to the civil court for re- determination. Learned counsel would submit, the exercise of jurisdiction is more in equity than in law. Issue notice. There shall be stay of operation of the impugned order." 5. After having considered the rival submissions, we are in agreement with the grievance made by the appellant that the High Court ought to have examined all aspects of the matter itself instead of relegating the parties before the Court of Civil Judge (Senior Division), Chandigarh for decision on the objection filed under Section 30 of the Indian Arbitration Act, 1940 afresh in accordance with law. Without expressing any final opinion on the correctness of the submissions canvassed by both sides before us, we deem it appropriate to set aside the impugned order and relegate the parties before the High Court for reconsideration of the Civil Revision Application on its own merits in accordance with law, in light of the aforementioned observations. 6. All contentions available to the parties are left open. 7. Civil appeal is disposed of in the above terms. No costs.