TA No. 185 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.185 of 2008 Decided on : 24-02-2009 Lakshmi Overseas Industries Ltd., Chandigarh. ....Applicant VERSUS The Punjab State Cooperative Supply & Marketing Federation Ltd. and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Ravinder Rana, Advocate for the applicant Ms. Deepali Puri, Advocate with Mr. Munishwar Puri, Advocate for the respondents. MAHESH GROVER, J This is a petition for transfer of the proceedings pending inter se between the parties and pursuant to the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'), at the Courts at Fatehgarh Sahib to Court of competent jurisdiction at Chandigarh. It is the contention of the learned counsel for the applicant that the petition under Section 34 of the Act was filed by him before the Court of Sh.K.K.Garg, District & Sessions Judge, Chandigarh on 8.1.2008 and the same was taken up for consideration on 9.1.2008 whereas the respondent filed a similar petition under Section 34 of the Act before the District & Sessions Judge, Fatehgarh Sahib on 12.1.2008 which was taken up for consideration on 14.1.2008. It is the contention of the learned counsel for the applicant that pursuant to the provisions of Section 42 of the Act, TA No. 185 of 2008 2 subsequent proceedings which are being preferred under the Act have to be transferred where the prior proceedings have been initiated. Section 42 of the Act is reproduced hereunder:- “42. Jurisdiction – Notwithstanding anything contained elsewhere in this part or in any other law for the time being in force, where with respect to an arbitration agreement any application under this part has been made in the Court, that Court alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of that agreement and the arbitral proceedings shall be made in that Court and in no other court.” After hearing learned counsel for the parties, I am of the considered opinion that the contention of the learned counsel for the applicant deserves acceptance. Having regard to the provisions of Section 42 of the Act, the subsequent proceedings initiated by the respondents at Courts at Fatehgarh Sahib and which are concededly subsequent to the proceedings initiated by the applicant and were pursuant to the same agreement deserve to be transferred to the Courts at Chandigarh where they have been initially initiated by the applicant at the first instance. Ordered accordingly. The Court of competent jurisdiction at Chandigarh on receipt of the proceedings shall issue notice for appearance to both the parties. February 24, 2009 (Mahesh Grover) rekha Judge