Dismissed

Gurnam Singh v. District Bar Association Panchkula and Ors.

Punjab & Haryana HC18 Dec 2013TA/261/2013

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana dismissed a transfer application relating to objections under Section 34 of the Arbitration Act as infructuous. The parties had reached a settlement with payment, rendering the transfer unnecessary. The respondent sought to withdraw the objection petition. The matter was disposed of without granting the transfer.

What did the court decide?

Transfer application dismissed as infructuous.

Gurnam Singh Vs District Bar Association Panchkula and… — Arbitration | Punjab & Haryana HC (2013)

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Manoj Kumar #1# 2013.12.21 13:19I attest to the accuracy and integrity of this document High Court Chandigarh

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T. A No.261 of 2013 (O&M)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

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HARYANA AT CHANDIGARH

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T. A No.261 of 2013 (O&M)

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Date of Decision: 18.12.2013

Gurnam Singh

.....Petitioner(s)

Versus

District Bar Association, Sector-1, Panchkula and Ors.

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....Respondent(s)

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CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

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Present: Mr. Jatinder Nagpal, Advocate along with petitioner in person.

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Mr. Vivek Suri, Advocate for contesting respondent Nos.1 to 3.

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None for respondent No.4-Arbitrator.

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JASWANT SINGH, J (ORAL)

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The contractor, in whose favour an award dated 9.4.2011 was passed by the Arbitrator is seeking the transfer of an objection petition filed by respondent Nos.1 to 3 under Section 34 of the Arbitration and Conciliation Act, 1996 from the court of learned Addl. District Judge, Panchkula to a court of competent jurisdiction of any adjoining District.

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It is not in dispute that the petitioner-contractor had completed the project of the construction of the Lawyers' chambers at District Courts, Panchkula. The parties were referred for arbitration due to the dispute for outstanding amount. Learned Arbitrator-respondent no.4 vide an arbitral award dated 9.4.2011 awarded an amount of Rs.23 lacs along with interest @ 12 %. Respondents filed the aforesaid objections to the arbitral award

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#2#

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T. A No.261 of 2013 (O&M)

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before the court at Panchkula.

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Upon notice, the contesting respondents put in appearance through their counsel.

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During the pendency of the present transfer application, the parties have arrived at an amicable settlement, whereby it was agreed that for a total payment of Rs.5 lacs, the entire dispute shall be assumed to be settled.

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At the time of hearing today, learned counsel for the contesting respondents has handed over a Banker's Cheque No.857010 dated 16.12.2013 for a sum of Rs.5 lacs payable to the petitioner-Gurnam Singh, which has been accepted by the petitioner, who is present in court towards full and final settlement in terms of the settlement arrived at between the parties. A photo copy of the said cheque has been retained on the file for the purpose of record.

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In view of the aforesaid circumstances, learned counsel for the parties submit that the present transfer application has thus become infructuous since the contesting respondents would now seek withdrawal of their objection petition in the light of the settlement of the entire dispute.

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Dismissed as infructuous.

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December 18, 2013 ( JASWANT SINGH ) manoj JUDGE

Gurnam Singh v. District Bar Association Panchkula and Ors.

Case brief

What is this about?

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Gurnam Singh v. District Bar Association Panchkula and Ors.

Case brief

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What did the court decide?

What the court decided

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