Allowed

M/S Ujagar Mal Sat Pal Nakodar v. Punjab State Coop Supply & Marketing Fed. Ltd. & Anr.

Punjab & Haryana HC15 Sept 2014CR/6179/2014

Case brief

AI extract

What is this about?

Allowed revision petition regulating the course of arbitration by setting aside the order closing evidence. Granted petitioner one opportunity to lead evidence within seven days upon payment of costs, while prohibiting further adjournments by the arbitrator.

What did the court decide?

Impugned order closing evidence set aside; petitioner granted one opportunity to lead evidence within seven days.

M/S Ujagar Mal Sat Pal Nakodar Vs Punjab State Coop… — Arbitration | Punjab & Haryana HC (2014)

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108

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR No.6179 of 2014 Date of decision: September 15, 2014

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M/s Ujagar Mal Sat Pal, Nakodar

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...Petitioner

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Versus

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The Punjab State Cooperative Supply & Marketing Fed. Ltd. and another

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...Respondents

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CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

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Present: Mr.S.K.Singla, Advocate for the petitioner.

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INDERJIT SINGH, J.

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Petitioner M/s Ujagar Mal Sat Pal, Nakodar has filed this revision petition against The Punjab State Cooperative Supply and Marketing Fed. Ltd. and another respondent under Article 227 of the Constitution of India for setting aside the impugned order dated 05.09.2014, vide which evidence of petitioner has been closed by order.

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Learned counsel for the petitioner contended that one opportunity be granted to the petitioner to conclude the evidence.

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I have heard learned counsel for the petitioner and have gone through the record.

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It is settled law that the Court should do substantial justice between the parties and not to go into the technicalities of law and rights of the parties should be determined on merits substantially as far as possible.

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Keeping in view above facts, I find merit in this petition. Therefore, in the interest of justice, impugned order dated 05.09.2014 VINEET GULATI 2014.09.25 13:56 I attest to the accuracy and authenticity of this document Chandigarh

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-2-

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CR No.6179 of 2014

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closing the evidence of the petitioner-claimant, is set aside. Petitioner is granted one opportunity to lead evidence at its own responsibility before the concerned Court, subject to payment of `5,000/- as costs to the opposite party. However, it is made clear that no further adjournment shall be granted to the petitioner by the concerned Arbitrator on any ground. However, the Arbitrator shall give opportunity to the petitioner of clear seven days.

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It is further observed that to avoid the delay and expenses, which are likely to be incurred by the respondents, the present revision petition is allowed without issuing notice to the respondents. However, the respondents are at liberty to approach this Court within two months for modification of this order, if they feel that the petitioner has misrepresented this Court by giving wrong facts. Accordingly, the present revision petition stands disposed of with the above-said observations.

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September 15, 2014 Vgulati

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(INDERJIT SINGH) JUDGE

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VINEET GULATI 2014.09.25 13:56 I attest to the accuracy and authenticity of this document Chandigarh

M/S Ujagar Mal Sat Pal Nakodar v. Punjab State Coop Supply & Marketing Fed. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

M/S Ujagar Mal Sat Pal Nakodar v. Punjab State Coop Supply & Marketing Fed. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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