Punjab State Elec.Board v. M/S Sona Wires Pvt.Ltd.

FAO- 1061-1999 (O&M)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH FAO- 1061-1999 (O&M) Date of Decision: September 02, 2019 Punjab State Electricity Board Appellant

Versus

M/s Sona Wires Pvt. Ltd and another Respondents CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR

Present

Ms. Sarita Sanga, Advocate for the appellant.

Mr. Arun Jindal, Advocate for the respondents.

**** **** JAISHREE THAKUR, J.

(Oral) This is the first appeal that has been filed by the appellantPSEB seeking to challenge the award of the Arbitrator as well as the order of the Additional Civil Judge (Sr. Divn.), Patiala dated 02.04.1998 making the award Rule of the Court.

During the pendency of the instant appeal in this High Court, Section 39 of the Punjab Courts Act, 1918 has been substituted by the Punjab Act 29 of 2006 wherein, it is stipulated that "All appeals from a decree or order of a Civil Judge (Senior Division) and Civil Judge (Junior Division) pending in the High Court, irrespective of the value of the original suit, shall be transferred to the District Judge exercising ordinary territorial jurisdiction."

FAO- 1061-1999 (O&M) In view of the said amendment in 2006, the instant appeal has to be transferred to the District Judge, Patiala for decision on merit. Learned counsel for the parties do not dispute the above factual position.

Under these circumstances, this appeal is transferred to the District Judge, Patiala where the appellant is directed to appear on 16.10.2019. Notice to the respondent would be issued by the District Judge, Patiala. As this appeal is pending since the year 1999, it would be expedient for an early decision of the matter, preferably within a period of six months. Registry is directed to send back the entire record of the appeal to the District Judge, Patiala forthwith.

The appeal stands disposed of accordingly.

(JAISHREE THAKUR) September 02, 2019 JUDGE seema Whether speaking/reasoned Yes Whether reportable Yes/No