Punjab State Civil Supplies … vs M/S Lajpat Rai Rice Mills on 13 August, 2009

T.A.No.468 of 2008


      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                                 T.A.No.468 of 2008.
                                 Decided on August 13, 2009.



Punjab State Civil Supplies Corporation Limited & another.


                                                      .. Petitioners

                VERSUS


M/s Lajpat Rai Rice Mills, Dhuri & Ors.


                                                    .. Respondents

                      ***


CORAM:          HON'BLE MR.JUSTICE M.M.S.BEDI



PRESENT         Mr.J.P.S.Ahluwalia, Advocate,
                for the petitionerss.


M.M.S. BEDI, J. (ORAL)

Notice issued to the respondent through their

counsel in the lower court has been received back with a report that

copy of the application was not annexed.

This is a petition under Section 24 of the Code of

Civil Procedure, for transfer of a petition under Section 34 of the

Arbitration and Conciliation Act, 1996 (for short ‘The Act’), titled

‘PUNSUP Vs.M/s Lajpat Rai Rice Mills, Dhuri’, pending in the

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Court of Additional District Judge, Chandigarh, to the Court of

Sh.D.R.Arora, District Judge, Sangrur, where a petition under

Section 34 of the Act, filed by the respondents is pending. When this

petition was filed in November, 2008, the petition under Section 34 of

the Act, filed by the respondents, was stated to be pending for

adjudication, in the Court of District Judge, Sangrur, for 07.01.2009.

Counsel states at Bar that said petition is still

pending.

I have considered the facts and circumstances of

this case and I am of the opinion that the Award dated 21.04.2006, is

the subject matter of the petitions under Section 34 of the Act, filed

by both the parties in different Districts. It will be expedient, in the

interest of justice, in case the petitions under Section 34 of the Act,

filed by both the parties are adjudicated upon by the same Judge.

This petition is allowed and it is ordered that petition

under Section 34 of the Act, titled ‘Punjab State Civil Supplies

Corporation Limited & another Vs.M/s Lajpat Rai Rice Mills and

others’, will be transferred to the District Judge, Sangrur, where a

petition under Section 34 of the Act, titled ‘ M/s Lajpat Rai Rice

Mills and others Vs. Punjab State Civil Supplies Corporation

Limited & another, is pending. However, it will be open to the

District Judge, Sangrur, to decide both the cases simultaneously,

club them together or decide them separately by two different orders

as deemed appropriate.

File of the case, complete in all respects, will be

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sent by District Judge, Chandigarh to District Judge, Sangrur, on or

before 19.09.2009, on which date the petitioner will appear before

the District Judge, Sangrur, for further proceedings.

Allowed.

(M.M.S.BEDI)
JUDGE
August 13, 2009.

rka

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