Punjab-Haryana High Court
Punjab State Electricity Board vs M/S. Bhilai Wires Ltd. And Ors on 14 March, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
2024: PHHC:036703 FAO-1041-1991 -l- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 139 FAO-1041-1991 Date of decision: 14.03.2024 PUNJAB STATE ELECTRICITY BOARD, PATIALA .. APPELLANT VS. M/S BHILAI WIRES LTD. AND ANR. ..RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present: Mr. R.L. Sharma, Advocate for the appellant. None for the respondents. 3K 2k 3 SUVIR SEHGAL J. (ORAL)
1. This appeal has been filed assailing order dated 10.06.1991, passed by SJIC, Patiala, on an application filed under Section 14 of the Arbitration Act, 1940, (for short "the Act") by the appellant. Upon the filing of the original Award by the Arbitrator, respondent No.2, appellant preferred objections under Section 30/33 of the Act, which has been dismissed and the Award has been made a rule of the Court by the impugned order.
2. By Award dated 13.05.1988, Arbitrator awarded an amount of Rs.37,031.44/- in favour of the appellant. Aggrieved with the impugned order, appellant has filed the present appeal under Section 39 of the Act.
Sheetal 2024.03.15 14:54 es @ accuracy and authenticity of this order/judgment High Court, Chandigarh 2024: PHHC:036703 FAO-1041-1991 -2-
3. During the pendency of the appeal, pecuniary jurisdiction of the District Judge, has been revised and the District Judge would be the competent court to decide the appeal. Reference in this regard may be made to Section 39 of the Punjab Courts Act, 1918, as amended in 2006, which is reproduced as under:-
"39. Appeals from Civil Judge (Senior Division) and Civil Judge (Junior _Division).-(1) Save as aforesaid, an appeal from a decree or order of a Civil Judge (Senior Division) and Civil Judge (Junior Division), shall lie to the District Judge, irrespective of the value of the original suit.
(2) Subject to the provisions of sub-section (3), an appeal to the Court or the District Judge shall be heard by the District Judge or by an Additional District judge.
(3) An Additional District Judge shall hear only such appeals, as the High Court may, by general or special order direct, or as the District Judge of the District may entrust to him.
(4) 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.
(5) The High Court may, by notification, direct that appeals lying to the District Judge from all or any of the decrees or orders passed in any original suit by an Civil Judge (Senior Division) and Civil Judge (Junior Division), shall be preferred to such other Civil Judge (Senior Division) and Civil Sheetal 2024.03.15 14:54 es @ accuracy and authenticity of this order/judgment High Court, Chandigarh 2024: PHHC:036703 FAO-1041-1991 -3-
Judge (Junior Division), as may be specified in the notification, and the appeals shall thereupon, be preferred accordingly, and the Court of such other Civil Judge (Senior Division) and Civil Judge (Junior Division), shall be deemed to be a District Court for the purpose of all appeals so preferred."
4. In view of the above amendment, appeal is disposed of. Matter is remitted to the learned District Judge, Patiala, for decision in accordance with law as expeditiously as possible. Learned District Judge, Patiala, may decide the appeal himself or assign it to any other court of competent jurisdiction.
5. Pending application(s), if any, shall stand disposed of.
14.03.2024 (SUVIR SEHGAL) sheetal JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Sheetal 2024.03.15 14:54 I attest to the accuracy an authenticity of this order/judgment High Court, Chandigarh