KALYAN JAGOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This transfer petition seeks transfer of OMP (COMM) 34/2023 (Kalyan Jagotra v. Union of India) presently pending before the learned District Judge, Commercial Court-03, Patiala House to the competent Commercial Court in the Saket District Court.

(2.) The submission of Mr. Dey, learned counsel for the petitioner, is that the petition was wrongly filed in the Patiala House Court under the impression that Sarita Vihar, which was the venue of arbitration, was situated within the jurisdiction of the Patiala House Court. On coming to learn that Sarita Vihar falls within the jurisdiction of the Saket District Court, this petition has been moved.

(3.) Learned counsel for the respondent submits that, in fact, a petition under Sec. 34, challenging the award has been preferred by him in the District and Sessions Court at Indore and that, therefore the petitioner would have to prefer his challenge to the impugned order in the same Court in view of Sec. 42 of the Arbitration and Conciliation Act, 1996 (hereinafter, the '1996 Act').