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2009 Supreme(SC) 1388

S.B.SINHA, CYRIAC JOSEPH
Shree Baidyanath Ayurved Bhawan Pvt. Ltd. – Appellant
Versus
State of Punjab – Respondent


Judgment :-

S.B. Sinha, J.


1. The present petition is filed under Section 406 of the Code of Criminal Procedure, 1973 for transfer of multiple cases by way of complaints/FIRs for and against the Petitioner Shree Baidyanath Ayurved Bhawan Ltd. to the Delhi High Court or any other High Court or courts subordinate to such High Court from the Punjab & Haryana High Court and/or Courts subordinate thereto.


2. Shree Baidyanath Ayurved Bhawan Pvt. Ltd. (hereinafter referred to as `the company for the sake of brevity) is a company registered and incorporated under the Indian Companies Act, 1956. It manufactures Ayurvedic medicines. For the purpose of distribution of its products, it engages Carrying and Forwarding Agents to receive goods from it, store and sell them to the stockists.


3. The company appointed M/s. S. Bhatia Enterprises, Ludhiana (Respondent No.5 herein) (for short, `the firm) of which Praveen Bhatia, Ramkishan Bhatia, Ashwani Bhatia and Promila Bhatia are partners. The agreement between the parties incorporating the terms and conditions of Carrying and Forwarding Agency contained an arbitration clause.


4. Between 2000 and 2001, Respondent No.5 allegedly made fraudulent credit




































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