Punjab-Haryana High Court
(O&M;) State Of Punjab vs M/S Narindra Co. & Ors on 21 February, 2019
Author: Jaishree Thakur
Bench: Jaishree Thakur
FAO-1196-2000 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
FAO No.1196 of 2000 (O&M)
Date of Decision: February 21, 2019
State of Punjab
...Appellant
Versus
M/s Narinder & Company and another
...Respondents
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Ms. Rajni Gupta, Senior DAG Punjab
for the appellant.
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JAISHREE THAKUR, J. (Oral)
This is the first appeal that has been filed by the appellant seeking to challenge the award of the arbitrator as well as judgment and decree dated 20.07.1998 passed by the Civil Judge (Senior Division), Hoshiarpur making the award rule of the court.
During the pendency of the instant appeal in this High Court, Section 39 of the Punjab Courts Act, 1918 has been substituted by the Punjab Act 29 of 2006 wherein, it is stipulated that "All appeals from a decree or order of a Civil Judge (Senior Division) and Civil Judge (Junior Division) pending in the High Court, irrespective of the value of the original suit, shall be transferred to the District Judge exercising ordinary territorial jurisdiction."
In view of the said amendment in 2006, this appeal has to be 1 of 2 ::: Downloaded on - 10-03-2019 08:53:53 ::: FAO-1196-2000 -2- transferred to the District Judge, Patiala for decision on merit.
Learned counsel appearing on behalf of the appellant-State does not dispute the above factual position.
Under these circumstances, this appeal is transferred to the District Judge, Hoshiarpur for 26.03.2019. Notice to the parties would be issued by the District Judge, Hoshiarpur. As this appeal is pending since the year 2000, it would be expedient for an early decision of the matter, preferably within a period of six months. Registry is directed to remit the entire record of the appeal to the District Judge, Hoshiarpur forthwith.
The appeal stands disposed of accordingly.
(JAISHREE THAKUR)
February 21, 2019 JUDGE
vijay saini
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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