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M/S NARULA RICE MILLS. versus PUNSUP & ORS.

High Court of Punjab and Haryana, Chandigarh

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M/s Narula Rice Mills. v. PUNSUP & Ors. - CM-17049-cii-2004 [2006] RD-P&H 1854 (21 March 2006)

CM No. 17049-CII of 2004. (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CM No. 17049-CII of 2004.

Date of Decision: 28.3.2006.

M/s Narula Rice Mills. ...Petitioner.

Versus

PUNSUP and others. ..Respondents.

Coram: Hon'ble Mr. Justice Hemant Gupta.

Present: Shri A.K. Sharma, Advocate,

for the petitioner.

Ms. Deepali Puri, Advocate,

for respondent Nos. 1 and 2.

JUDGMENT

The petitioner has sought transfer of the objections filed by the respondents under Section 34 of the Arbitration and Conciliation Act, 1996, pending in the Court of Additional District Judge, Chandigarh to the Court of Additional District Judge, Ferozepur, wherein the objections by the petitioner, filed prior in point of time to the objections filed by the respondents, are pending.

In terms of agreement dated 25.9.1999, the disputes between the parties were referred to an Arbitrator, who has given his Award on 24.9.2003. The petitioner filed objections to the said award on 13.10.2003 before the Court of Additional District Judge, Ferozepur, whereas the respondents filed objections under Section 34 of the Act on 24.12.2003 in the Court learned Additional District Judge, Chandigarh. Since the objections against the same award have been filed in two different Courts, the same are required to be decided by one and the same Court.

CM No. 17049-CII of 2004. (2)

In view thereof, the present petition is allowed. The objections filed later in point of time i.e. before the Court of learned Additional District Judge, Chandigarh shall stand transferred to be decided along with the objections filed by the petitioner pending in the Court of Shri Gurdev Singh, learned Additional District Judge, Ferozepur.

Parties through their counsel are directed to appear before Shri Gurdev Singh, learned Additional District Judge, Ferozepur on the date fixed, for further proceedings in accordance with law.

28.3.2006 (Hemant Gupta)

ds Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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