IN THE HIGH COURT OF JAMMU AND KASHMIR
Sanjay Dhar, J
Director (Transport) Era J And K v. Sohrab Iqbal Goni
| Table of Content |
|---|
| 1. application for transfer to appropriate court. (Para 1 , 2) |
| 2. filing sequence determines court jurisdiction. (Para 4 , 5) |
| 3. first application exclusively holds jurisdiction. (Para 6) |
| 4. petition transferred to commercial court for adjudication. (Para 7 , 8) |
This is an application filed on behalf of the respondent seeking transfer of the afore titled Arbitration Petition to the Commercial Court (Additional District Judge Bank Cases), Srinagar for disposal.
2. In the application it has been submitted that the present petition under S.34 of the Arbitration and Conciliation Act , challenging award dated 21.01.2022, passed by the Arbitral Tribunal, has been filed by the petitioner / non - applicant before this Court on 25.04.2022, whereas the applicant / respondent has challenged the same award by way of another petition under S.34 of the before the Commercial Court (Additional District Judge Bank Cases), Srinagar on 16.04.2022. It has been submitted that in terms of provisions contained in S.42 of the , all subsequent applications arising out of Arbitral Award or Arbitration Agreement, have to be filed before the same Court where the initial application with regar
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