TA No.88 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA No.88 of 2011 Date of decision : 21.03.2011 Shri Badri Dass Gupta and another ...Applicants Versus The State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. R.S. Bains, Advocate for the applicants. Mr. Ajay Gulati, AAG, Haryana. JITENDRA CHAUHAN, J. (Oral) 1. The present application under Section 24 of the Code of Civil Procedure, has been preferred seeking transfer of the Arbiration Applcation No.1/2003 titled as ‘M/s Nand Lal Badri Dass Gupta Vs. The State of Haryana & others’, from the Court of learned Civil Judge (Sr. Divn.), Rohtak, to the Court of competent jurisdiction at Panchkula. 2. I have heard the learned counsel for the parties and perused the record. 3. The learned counsel for the applicant has contended that the respondent-State has not referred to the application (Annexure A-4), in its reply, which is pending consideration before the learned trial Court TA No.88 of 2011 2 at Rohtak. He further submits that to prove this application, some evidence is required to be led. The applicant is presently residing at Panchkula and taking treatment from the PGIMER, Chandigarh. 4. Though the present transfer application has been filed at a belated stage but the facts of medical history and the age of the applicant (91 years) cannot be lost sight of. The Head Office of the respondent is located at Chandigarh, therefore, the respondent would not have any difficulty to defend its case at Panchkula. 5. Keeping in view the peculiar facts and circumstances of the present case, the transfer application is allowed and the Arbitration Application No.1/2003 titled as ‘M/s Nand Lal Badri Dass Gupta Vs. The State of Haryana & others’ is withdrawn from the Court of learned Civil Judge (Sr. Divn.), Rohtak, and is transferred to the Court of competent jurisdiction at Panchkula. The entire record pertaining to the case shall be sent by the trial Court at Rohtak to the learned District Judge, Panchkula, within three weeks, who will either himself dispose it of or entrust it to any other Court of competent jurisdiction. 6. The parties shall appear before the Court of learned District Judge, Panchkula, on 09.04.2011. 21.03.2011 (JITENDRA CHAUHAN) atulsethi JUDGE Note : Whether to be referred to Reporter ? Yes / No