M/S Jay Bee Industries v. Punjab State Power Corporation Ltd And ANR

TA-358-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.103 TA-358-2023 Date of Decision: 24.02.2025
 

  ....Applicant

Versus



     

   ..... Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. Sourabh Goel, Advocate for the applicant (through video conferencing).

Mr. Japsehaj Singh, Advocate for respondent No.1 (sole contesting respondent). ***** ARCHANA PURI, J. (ORAL) During the course of arguments, on query by the Court, it is stated by the counsel for the applicant that the present application has been filed to assail the jurisdiction of the Patiala Courts, to proceed further with the petition under Section 34 of the Arbitration and Conciliation Act, 1996, filed by respondent No.1, more particularly, when the objections filed by the applicant are pending in the Courts at Panchkula. Since it is a question of jurisdiction of either Courts, to deal with the objections under Section 34 of the Arbitration and Conciliation Act, 1996, it shall not be appropriate for this Court, to shut the right of either party, on the question of jurisdiction, while dealing with the transfer application.

In the given circumstances, the counsel for the applicant makes Sonu 2025.02.24 14:27 I attest to the accuracy and authenticity of this document P&HHC

TA-358-2023 a submission that the applicant may be given a chance to raise the question of jurisdiction of the Patiala Courts, by way of filing an application, before the Court concerned, which is dealing with the petition filed at Patiala. In view of the submission aforesaid, the applicant is hereby directed to move an appropriate application, to raise the question of jurisdiction of the Patiala Courts, within a period of seven days and subject to prior notice to the respondent, another seven days be given to file reply, by the Court concerned at Patiala. If such an application is filed, the Court concerned is hereby requested to adjudicate on the same, within a period of subsequent three weeks, from the date of filing of reply. In view of the aforesaid direction, at this stage, the counsel for the applicant submits that he does not want to pursue with the transfer application, which may be dismissed as withdrawn. Ordered accordingly.

(ARCHANA PURI) 24.02.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No Sonu 2025.02.24 14:27 I attest to the accuracy and authenticity of this document P&HHC