IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M.No.19290-91-CII of 2009 and Transfer Petition No.248 of 2009 (O&M) Date of Decision 20.08.2009 M/s Punjab Beverages Pvt. Ltd. ......Petitioner VERSUS Col.A.S.Judge ......Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.A.S.Chandhiak, Senior Advocate with Mr.D.S.Narula, Advocate, for the petitioner. Mr.Ashok Aggarwal, Senior Advocate with Mr.S.D.Bansal, Advocate, for the respondent. ***** A.N.JINDAL, J(ORAL): The petitioner has filed this petition for transfer of Appeal No.85 of 2008 titled as “M/s Punjab Beverages Pvt. Ltd. vs. Col. A.S.Judge” from the Court of Addl. District Judge, Chandigarh to the rank and file of this Court. This appeal being an appeal against the order passed by Civil Judge was maintainable only before the Ist Appellate Court and not in this Court, as such the transfer of same shall deprive the effected party of his right to revision. Faced with the situation, learned counsel for the petitioner has contended that the aforesaid appeal pending in the Court of Sh.R.K.Sondhi, Additional District Judge, Chandigarh, be transferred to any other Additional District Judge, Chandigarh for disposal in view of the fact that the contempt petition is pending in this Court against Sh.R.K.Sondhi, Addl. District Judge, Chandigarh. Since the appellant apprehends that he may not get justice from Transfer Petition No.248 of 2009 (O&M) -2- the Court of Sh.R.K.Sondhi, Additional District Judge, Chandigarh and also in view of the fact that the justice should not only be done but it should appear to have been done, thus, the District Judge, Chandigarh is directed to transfer the said appeal to the Court of Sh.R.S.Attri, Additional District Judge, Chandigarh for disposal, who while disposing the appeal would not be influenced by the pendency of any matter in the High Court. Petition is disposed of accordingly. (A.N.Jindal) Judge 21.08.2009 mamta-II