Jammu & Kashmir High Court
M/S. Powal Labs Technology Private Ltd vs University Of Kashmir on 31 October, 2024
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Reserved on : 05.10.2024
Pronounced on:31.10.2024
TrP(C) No.52/2023
CM No.6612/2023
c/w
EXP No.2/2023
M/s. Powal Labs Technology Private Ltd.
PB 17158, Powal, Mumbai-400076
through its Chief Executive Officer
Sh. Reapan Tikoo aged 53 years
S/o Shiban Kishan Tikoo .....Applicant
Through: Mr. P.N. Raina, Sr. Advocate, with Mr.
J.A. Hamal, Advocate
versus
1. University of Kashmir
through its Vice Chancellor,
Hazratbal, Srinagar.
2. Registrar, University of Kashmir,
Hazratbal, Srinagar. .....Respondent(s)
Through: Ms Surekha Bhat, Advocate.
Coram HON'BLE THE CHIEF JUSTICE
ORDER
1. Applicant-M/s. Powal Labs Technology Pvt. Ltd. has filed this
application seeking transfer of petition being Arbitration Application
No.28/2023, titled as, University of Kashmir & another vs M/s. Powal Labs
Technology Private Ltd. from Srinagar Wing to the Jammu Wing of this Court.
2. The facts leading to the filing of this application are that the applicant-
M/s Powal LABS Technology Private Ltd. is a company engaged in the
business of Electronic System Design, VLSI, Embedded, Processor design etc.
2 TrP(C) 52/2023
For the purpose of enhancing and improving the infrastructural facilities for its
students and scholars, the Directorate of Information Technology & Support
System of the University of Kashmir had proposed upgradation of its
laboratories. In this regards, a Memorandum of Agreement was executed
between the University of Kashmir and the applicant herein at Srinagar on
30.03.2010. However, during the currency of the agreement certain disputes
arose between the parties herein regarding the payments to be made by the
University of Kashmir. Accordingly, the matter was referred to the Arbitral
Tribunal in terms of the contract agreement. The Arbitral Tribunal passed the
award on 19.03.2023 whereby the claims of applicant came to be allowed and
counter claims of respondents came to be rejected. Feeling aggrieved, the
respondents herein filed an application under Section 34 of J&K Arbitration
and Conciliation Act, 1997 for setting aside the award dated 19.03.2023 before
this Court at its Srinagar Wing being Arbitration Application No.28/2023.
3. Now the applicant-M/s. Powal Labs Technology Pvt. Ltd. has filed the
instant application under Rule 23 of J&K High Court Rules, 1999 seeking
transfer of Arbitration Application bearing No.28/2023 from Srinagar Wing to
Jammu Wing of the High Court on the ground that initial arbitration
proceedings were held in Jammu; the matter was contested by respondents-
University for over a period time before Arbitral Tribunal in Jammu only; the
seat of arbitration was in Jammu and the award was also announced in Jammu.
It is further pleaded that the instant application has been filed by M/s. Powal
Labs Technology Pvt. Ltd. through Chief Executive Officer, namely, Reapan
Tiko, who is a registered migrant and his ordinary place of business is in
Mumbai, as such owing to the conditions still prevailing in the Valley, it is not
3 TrP(C) 52/2023
possible for him to contest the application filed under Section 34 of J&K
Arbitration and Conciliation Act, 1997 at Srinagar Wing of this Court.
4. Objections to the instant application have been filed by the respondents-
University contending therein that the seat of arbitration alone does not decide
the jurisdiction of the Court. It is averred that the memorandum of
understanding was executed in Kashmir and the contractual obligations were
also carried out by the petitioner at University of Kashmir. It is further averred
that the petitioner, who is CEO of the Powal Labs, had made several visits to
the University for conducting training sessions and business negotiations. It is
also averred that since the cause of action had arisen at Srinagar, as such the
arbitration petition under Section 34 of the Arbitration Act was filed at
Srinagar and the petitioner can pursue the petition at Srinagar or participate in
the proceedings through video conferencing.
5. Heard learned counsel appearing for the parties, considered their rival
contentions and also perused the appeal file.
6. Admittedly, the respondents have not denied that the seat of arbitration
was in Jammu and the award was also announced in Jammu. It is also a fact
that the initial arbitration proceedings were held in Jammu and the matter was
contested by the respondent-University for over a period time before the
Arbitral Tribunal in Jammu only. Further, the respondent-University has a sub-
office in Jammu and must have advocates available in Jammu as well.
Whereas, the petitioner is a registered migrant who had to leave the valley
during the turmoil. Not only this, even the applicant has already filed the
execution petition at Jammu on 20.10.2023 for enforcement of the award
passed by the arbitral tribunal. Therefore, it would be in the fitness of things if
4 TrP(C) 52/2023
the arbitration petition being Arbitration Application No.28/2023 is transferred
from Srinagar Wing to the Jammu Wing of High Court as the same would not
cause any prejudice to the respondent-University as it has a sub-office in
Jammu also. Further, since the High Court of J&K is one indivisible court with
its place of sitting at Srinagar and Jammu both, therefore, transfer of a case
from one wing to another wing of the High Court is not exactly a transfer of
the case from one court to another, rather it is simply a shifting of case within
the same court.
7. Accordingly, I deem it proper to allow the application and direct the
Registration (Judicial) Srinagar Wing to send the file of Arbitration
Application No.28/2023, titled as, University of Kashmir & another vs M/s.
Powal Labs Technology Private Ltd. to the Jammu Wing of this Court after
retaining an index of the file. Ordered accordingly. On receiving the file at
Jammu Wing, Registrar (Judicial), Jammu Wing to renumber the arbitration
application and list the same before the appropriate Bench on 29.11.2024. The
present application along with the connected CM, accordingly, stands disposed
of.
8. Application for execution being EXP No.2/2023 filed at Jammu Wing of
the Court be also listed along with the arbitration application on the date fixed.
Jammu (Tashi Rabstan)
31.10.2024 Chief Justice
(Anil Sanhotra)
Whether the order/judgment is reportable ? Yes/No
Whether the order/judgment is speaking ? Yes/No
