BABA CONSTRUCTION COMPANY Vs. PUNJAB STATE

JUDGEMENT

(1.) The petitioner had made an application in the Court of Sub -Judge 1st Class Patiala. The said court referred the matter to the Arbitrator. The Arbitrator gave his award in favour of the petitioner. An application Under Sec. 14(2) and 17 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') was filed by the petitioner before the Sub -Judge 1st Class, at Ludhiana. The respondents filed objections to the said application and the learned Sub Judge at Ludhiana allowed the application and made the award of the Arbitrator the rule of the Court. Against the said order, the respondent preferred an appeal in the Court of District Judge, Ludhiana. Learned Additional District Judge vide its order dated 27.4.1995 accepted the appeal and the order of learned Sub Judge 1st Class, Ludhiana was set aside and it was ordered that the file he sent back to the trial Court with a direction to return the application filed by the petitioner Under Sec. 14(2) and 17 of the Act for presentation before the competent Court at Patiala. Being aggrieved by the said judgment of learned Additional District Judge, Ludhiana, the petitioner has come in revision before this Court.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) The only question that arises for my determination in this case is whether the learned Additional District Judge was justified in passing the impugned order and holding that the court at Ludhiana had no jurisdiction.