Punjab-Haryana High Court
Punjab Urban Development Authority vs Sandeep Singh & Others on 24 February, 2012
Author: M.M.S.Bedi
Bench: M.M.S.Bedi
IN THE HIGH COURT FOR THE STATES OF PUNJAB
AND HARYNA AT CHANDIGARH.
C.R. 7984 of 2011
Date of decision:- 24.1.2012
Punjab Urban Development Authority
Petitioner
vs.
Sandeep Singh & others
Respondent
Present: Mr. Ashish Grover, Advocate.
M.M.S.BEDI,J.
The defendant- petitioner is aggrieved by the dismissal of an application u/s 34 of the Arbitration Act,1940 to resist a civil suit filed by the plaintiff- respondents. The said application has been dismissed vide impugned order dated 27.9.2011. When questioned about the maintainability of the application u/s 34 of the Act in view of the repeal of 1940 Act by Arbitration and Conciliation Act, 1986 and non filing of application u/s 8 of the new Act, counsel for the petitioner, on the instructions of his client, seeks permission to withdraw this revision petition with liberty to avail the legal remedy under the provisions of New Act.
Dismissed as withdrawn with liberty to the petitioner to move all or any application for resisting the suit of the plaintiff- respondents, in accordance with law. It is made clear that the adjudication of earlier petition u/s 34 of the Arbitration Act, 1940, a non existing provision, will not prejudice the right of the petitioner.
January 23 ,2011 ( M.M.S.BEDI ) TSM JUDGE