Pritam Singh Brar Educational Society Vs Union of India and Others

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TA-307-2025 and other connected cases

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(107)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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1.	Date of Decision: 17.07.2025 TA-307-2025
	PRITAM SINGH BRAR EDUCATIONAL SOCIETY
	….Petitioners Versus
	UNION OF INDIA AND OTHERS ….Respondents
2.	TA-308-2025
	PRITAM SINGH BRAR (DECEASED) THROUGH HIS LRS AMRISH SINGH BRAR AND ANOTHER ….Petitioners Versus
	UNION OF INDIA AND OTHERS ….Respondents
3.	TA-312-2025
	PRITAM SINGH BRAR (DECEASED) THROUGH HIS LRS AMRISH SINGH BRAR
	….Petitioners Versus
	UNION OF INDIA AND OTHERS ….Respondents
4.	TA-317-2025
	PRITAM SINGH BRAR (DECEASED) THROUGH HIS LRS AMRISH SINGH BRAR ….Petitioners Versus
	UNION OF INDIA AND OTHERS ….Respondents

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1

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PARUL 2025.07.25 12:42 I attest to the accuracy and authenticity of this document

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TA-307-2025 and other connected cases

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CORAM: HON’BLE MR. JUSTICE ALOK JAIN

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Present : Mr. Abhinav Sood, Advocate, Ms. Achintaya Soni, Advocate for the petitioner(s).

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Mr. K.S. Kang, Advocate with Mr. Arkash Mani Garg, Advocate for respondent No. 2-NHAI.

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ALOK JAIN, J. (ORAL)

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These are the bunch of four transfer applications seeking consolidation and transfer of objections petitions filed by the respondents under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the award dated 27.03.2024.

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Learned counsel for the petitioner(s) submits that the objection petitions under Section 34 of the Arbitration and Conciliation Act, 1996, filed by the petitioner(s) is pending before the learned Additional District Judge, Sri Muktsar Sahib. However, the respondents have also filed the objection petitions titled as “Union of India through Ministry of Road Transport and Highways and another Vs. Pritam Singh Brar Educational Society and others”, which is pending before the learned Additional District Judge, Ferozepur .

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2.1 The details of the objection petitions filed by the petitioner(s) and the respondents are tabulated as under:

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TA No.	Award No. (27.03.2024)	Case No. at Sri Muktsar Sahib (Petitioner)	Case No. at Ferozepur (Respondent)
TA-307-2025	Case No. 46 of 24.11.2022	ARB/5/2024 (28.05.2024)	ARB/66/2024 (21.05.2024)
TA-308-2025	Case No. 45 of	ARB/4/2024	ARB/64/2024
	24.11.2022	(28.05.2024)	(21.05.2024)

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2

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PARUL 2025.07.25 12:42 I attest to the accuracy and authenticity of this document

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TA-307-2025 and other connected cases

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TA-312-2025	Case No. 47 of 24.11.2022	ARB/2/2024 (28.05.2024)	ARB/65/2024 (21.05.2024)
TA-317-2025	Case No. 44 of	ARB/3/2024	ARB/67/2024
	24.11.2022	(28.05.2024)	(21.05.2024)

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Learned counsel for respondent No. 3 has filed its affidavit and the relevant extract is as follows:

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“1. That the above titled petition filed Under Section 24 read with Section 151 CPC 1908 for consolidation and transfer of cases filed by the parties Under Section 34 of Arbitration and Conciliation Act 1996 bearing no. ARB/5/2024 titled as Pritam Singh Vs. Union of India and others is pending before this Hon'ble Court and the same is fixed for 23.5.2025.

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2. That the deponent has no objection against any of order passed by this Hon'ble Court qua the transferring of petition U/S 34 of Arbitration and Conciliation Act 1996 bearing no. ARB/5/2024 titled as Pritam Singh Vs. Union of India and others in any Hon'ble Court.

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In view of the above submission, it is, therefore,

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respectfully prayed that the deponent has no objection qua the transfer of above titled petition.”

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During the course of hearing, learned counsel for respondent No. 3 has placed on record the policy of the NHAI and the affidavit so filed is in consonance with the terms of the policy. He has fairly conceded that the arbitration proceedings have to be considered and dealt by the Court where the land is situated.

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Admittedly, the land in question is situated under the District

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3

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PARUL 2025.07.25 12:42 I attest to the accuracy and authenticity of this document

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TA-307-2025 and other connected cases

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Sri Muktsar Sahib, Punjab.

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In light of the specific affidavit filed by NHAI as well as no objection recorded therein, the transfer petitions are disposed of with a direction that the arbitration cases filed by respondents having Arbitration Case Nos. ARB/66/2024; ARB/64/2024; ARB/65/2024; and ARB/67/2024, are hereby transferred from Ferozepur to the Court of Additional District & Sessions Judge, Sri Mukhtsar Sahib, which is already dealing with arbitration cases filed by petitioner(s) bearing case Nos. ARB/5/2024, ARB/4/2024, ARB/2/2024 and ARB/3/2024.

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Learned counsel for the petitioner submits that these arbitration cases are pending for last more than one year and there is no progress in the matter, therefore, directions be issued to complete the said proceedings within the fixed time frame.

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Learned counsel for NHAI does not object to such prayer.

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In light of the above, the Court of Additional District & Sessions Judge, Sri Muktsar Sahib is directed to expedite the proceedings in accordance with law.

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