JUDGMENT

Altamas Kabir, J.

1. This Transfer Petition under Article 139A(2) of the Constitution of India read with the relevant provisions of the Supreme Court Rules and Section 25 of the Code of Civil Procedure has been filed by Balaji Coke Industries Pvt. Ltd. for transfer of Arbitration Application No.1 of 2008, titled M/s Maa Bhagwati Coke (Guj) Pvt. Ltd. vs. Balaji Coke Industry Pvt. Ltd., pending in the Court of the rincipal Senior Civil Judge at Bhavnagar (Gujarat) to the Calcutta High Court.

2. Briefly stated, the facts are that the Petitioner Company registered under the Companies Act and having its registered office at 12, Ho-Chi Minh Sarani, Flat 2B, Second Floor, Kolkata, is carrying on business in the trade of coking coal. The Respondent, which is engaged in the business of processing coking coal into hard coke, requires coking coal as raw material to be used in its processing unit for transformation into met coke (hard coke). On 29th April, 2005, the Petitioner Company entered into an agreement with the Respondent Company to supply 15,000 Metric Tonnes of coking coal of Indonesian Origin. The agreement to sell provided that the cargo would be sold to the Respondent on