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2001 Supreme(AP) 582

C.Y.SOMAYAJULU
Kvaerner Cementation India Limited, Mumbai – Appellant
Versus
Bharat Heavy Plate and Vessels Limited, Visakhapatnam – Respondent


C. Y. SOMAYAJULU, J.

( 1 ) THIS petition is filed seeking transfer of OP. No. 1743 of 2000 from the file of the Court of the Principal District judge, Visakhapatnam, to the file of any other Additional District Judge, in the same district, on the ground that the pendency in the District Court is heavy and since the matter which arises out of an order under the Arbitration and Conciliation Act, 1996 (for short the Act ), requires expeditious disposal. The petitioner in fact moved the District Court, Visakhapatnam, in ia. No. 819/2001 in OP. No. 1743/2000 with the above prayer, but the same was dismissed by the learned District Judge, on the ground that under the provisions of the Act, he alone, but not an Additional District Judge, has jurisdiction to entertain the main op. No. 1743 of 2000.

( 2 ) LEARNED Counsel for the petitioner relying on S. Srinivas Rao v. High Court of a. P. , 1988 (2) ALT 586 and New Jaji Labour society v. Haji Abdul Rahaman Sahab, 1992 (1) An. WR 220, contended that the assumption of the learned judge that he is persona designata under the Act and so he cannot make over the proceedings to courts of coordinate jurisdiction is erroneous. The contention of the







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