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M/S PUNSUP. versus M/S NARULA RICE LTD.

High Court of Punjab and Haryana, Chandigarh

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M/s PUNSUP. v. M/s Narula Rice Ltd. - CM-24633-cii-2005 [2006] RD-P&H 1856 (21 March 2006)

C.M. No. 24633-CII of 2005. (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.M. No. 24633-CII of 2005.

Date of Decision: 28.3.2006.

M/s PUNSUP. ...Petitioner.

Versus

M/s Narula Rice Ltd. ..Respondents.

Coram: Hon'ble Mr. Justice Hemant Gupta.

Present: Ms. Deepali Puri, Advocate,

for the petitioners.

Shri Parveen Kataria, Advocate,

for the respondent.

JUDGMENT

The petitioners have sought transfer of the objections filed by the respondent 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 respondent, filed prior in point of time to the objections filed by the petitioners, are pending.

In terms of agreement dated 5.10.1995, the disputes between the parties were referred to an Arbitrator, who has given his Award on 4.8.2004. The petitioners filed objections to the said award before the Court of Additional District Judge, Ferozepur, whereas the respondent filed objections under Section 34 of the Act in the Court learned Additional District Judge, Chandigarh, later in point of time. Since the objections against the same award have been filed in two different Courts, the same C.M. No. 24633-CII of 2005. (2)

are required to be decided by one and the same Court.

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 respondents pending in the Court of learned Additional District Judge, Ferozepur.

Parties through their counsel are directed to appear before Shri J.S. Chawla, 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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