PUNJAB LAND DEVELOPMENT AND RECLAMATION CORPORATION Vs. JAI SHANKAR TRANSPORT CO.
LAWS(P&H)-2000-8-151
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 02,2000

Punjab Land Development And Reclamation Corporation Appellant
VERSUS
Jai Shankar Transport Co. Respondents

JUDGEMENT

R.L.ANAND, J. - (1.) THIS is a Civil Revision and has been directed against the order dated 21.5.1999, passed by the Court of learned District Judge, Patiala, who ordered that the case be withdrawn from the Court of Civil Judge, Senior Division, Patiala and be entrusted to the Court of Civil Judge, Junior Division, Rajpura.
(2.) SOME facts can be noticed in the following manner. An application was moved by Punjab Land Development and Reclamation Corporation Ltd. (hereinafter called "Corporation") for recalling of the order dated 13.12.1997 vide which the learned District Judge, Patiala withdrew the matter from the Court of Civil Judge, Junior Division. Rajpura and transferred it to Civil Judge, Senior Division, Patiala. According to the Corporation, M/s Jai Shankar Transport Company had filed objections under Sections 30 and 33 of the Arbitration Act before Civil Judge, Junior Division, Rajpura. The Corporation moved an application that the matter was beyond the pecuniary jurisdiction of the Civil Court at Rajpura and it was the Court at Patiala which can entertain the issue. The matter arose from an order passed by Civil Judge, Junior Division, Rajpura under Section 8 of the Arbitration and Conciliation Act, 1996 and the objections if any should have been filed at Patiala and not before Civil Judge, Junior Division, Rajpura. The objections have been filed under Section 34 of the Arbitration and Conciliation Act, 1996 against the arbitral award and these objections had to be filed before the Principal Civil Court of original jurisdiction, which is the Court of District Judge, at Patiala and, therefore, the entrustment of the matter to Civil Judge, Senior Division, Patiala, was not proper. Vide the impugned order dated 21.5.1999, the learned District Judge, Patiala directed that the case be withdrawn from the Court of Civil Judge, Senior Division, Patiala and be entrusted to the Court of Civil Judge, Junior Division, Rajpura. Aggrieved by the impugned order the present revision has been filed.
(3.) I have heard Shri Sanjeev Sharma, Advocate, appearing on behalf of the petitioner and Shri Ishwar Lal, Advocate, appearing on behalf of the respondent and with their assistance have gone through the record of this case.;


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