LAWS(UTN)-2021-12-167

MEENAKSHI AGARWAL Vs. STATE OF UTTARAKHAND

Decided On December 28, 2021
MEENAKSHI AGARWAL Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By means of this writ petition, petitioners have challenged the order dtd. 10/1/2021 passed by District Judge, Udham Singh Nagar, whereby Arbitration Case No. 5 of 2006 filed by them under Sec. 34 of Arbitration & Conciliation Act, 1996 against award given by Commissioner, Kumaon Division has been ordered to be transferred to Commercial Court, Dehradun.

(2.) Mr. T.A. Khan, learned Senior Advocate appearing for petitioners submits that identical question between same parties has been decided by this Court vide judgment dtd. 3/8/2021 rendered in WPMS No.961 of 2021.

(3.) Mr. Suyash Pant, learned Standing Counsel for the State does not dispute this submission made on behalf of the petitioners and he submits that petitioner in WPMS No. 961 of 2021 is mother of the present petitioners and the dispute in the said case also was regarding amount payable as lease rent / use and occupation charges.