Allowed

M/S Ganesh Rice Traders Malout v. the Punjab State Cooperative Supply & Marketing Federation Ltd. & Anr.

Punjab & Haryana HC9 Mar 2018CR/8242/2015

Case brief

AI extract

What is this about?

This oral order allowed the revision petition. The High Court held that since the contract was entered into in Muktsar Sahib, the Principal Court there had jurisdiction to entertain objections despite the award being pronounced in Chandigarh. The impugned order sending objections to Chandigarh was set aside.

What did the court decide?

Impugned order dated 31.10.2015 set aside; Muktsar Sahib Court directed to decide objections on merits.

M/S Ganesh Rice Traders Malout Vs the Punjab State Cooperative Supply & Marketing Federation Ltd. & Anr. — Punjab & Haryana HC (2018) — LawSathi Research

¶1

CR-8242-2015 (O&M)

¶2

¶3

226

¶4

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶5

CR-8242-2015 (O&M) Date of decision : 09.03.2018

¶6

M/s Ganesh Rice Traders Malout

¶7

... Petitioner(s)

¶8

Versus

¶9

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

¶10

... Respondent(s)

¶11

CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

¶12

Present: Mr. Inderjit Sharma, Advocate for the petitioner.

¶13

Mr. Sumit Jain, Advocate for the respondent(s). ****

¶14

AMIT RAWAL, J. (ORAL)

¶15

The petitioner is aggrieved of the impugned order dated 31.10.2015 passed by the Additional District Judge, Muktsar Sahib, whereby the objection petition filed by the petitioner has been ordered to be returned to be presented before the competent court of jurisdiction with a further direction to the Court concerned to decide the objections on merits.

¶16

Learned counsel for the petitioner submits that the contract was entered into at Sri Muktsar Sahib and after rendering the Award by the Arbitrator at Chandigarh, either the Court at Chandigarh or Sri Muktsar Sahib would have jurisdiction to entertain the objections and rightly so, the objections have been filed before the Principal Court at Sri Muktsar Sahib, thus, there is gross illegality and perversity in the impugned order, under challenge.

¶17

Learned counsel for the respondent(s) submits that the

¶18

Yogesh Sharma 2018.03.13 16:54 I attest to the accuracy and integrity of this document

¶19

¶20

CR-8242-2015 (O&M)

¶21

impugned order, under challenge is perfectly legal and justified as there is no illegality and perversity.

¶22

I have heard the learned counsel for the parties and appraised the paper book and of the view that it is a conceded position that once, the contract had entered into at Sri Muktsar Sahib, though the arbitration proceedings held and the award has been pronounced at Chandigarh, both the Courts would have jurisdiction to try and entertain the objections. The Objecting Court should have examined this aspect instead of relegating the party to file the objections at Chandigarh.

¶23

For the foregoing reasons, the impugned order dated 31.10.2015 is hereby set aside and the Objecting Court, Muktsar Sahib, is directed to decide the objections on merits in accordance with law.

¶24

With the aforesaid observations, the present revision petition stands disposed of.

¶25

( AMIT RAWAL) 09.03.2018 JUDGE Yogesh Sharma  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No

¶26

Yogesh Sharma 2018.03.13 16:54 I attest to the accuracy and integrity of this document

M/S Ganesh Rice Traders Malout v. the Punjab State Cooperative Supply & Marketing Federation Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

M/S Ganesh Rice Traders Malout v. the Punjab State Cooperative Supply & Marketing Federation Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Salinder Singh @ Chhinder Singh Vs Natha Singh and Anr.

Raghbir Singh Vs Girdhari Lal & Anr.

Manwinder Singh Vs Manoj Kumar and Anr.

Sandeep Vs Ram Naresh and Ors.

Mohan Singh and Other Vs Harwinder Kaur Walia and Anr.

Bhola Singh & Ors. Vs Gurmit Singh & Anr.