Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 90177 (ALL)

M/S RUDRAKASH ENTERPRISES THROUGH SHRI PAWAN KUMAR TIWARI v. UNION OF INDIA THROUHG ITS DTE OF CONTRACT MANAGEMENT(ARMY) MILITARY ENGINEER SERVICES

TACL/658/2024 · 2025-05-18

Saral Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:83725 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 658 of 2024 Applicant :- M/S Rudrakash Enterprises Through Shri Pawan Kumar Tiwari Opposite Party :- Union Of India Throuhg Its Dte Of Contract Management(Army) Military Engineer Services Counsel for Applicant :- Somnath Bhattacharya,Suraj Pandey Counsel for Opposite Party :- Prem Narayan Rai Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the applicant. 2. The present transfer application has been filed by the applicant seeking transfer of case No.188 of 2023 (Union of India Vs. Rudrakash Enterprises), under Section 34 of the Arbitration and Conciliation Act, pending in the court of Additional District Judge, Court No.10, Agra to the competent court at Prayagraj. 3. Only ground on which the transfer has been sought is that as per the Arbitration Agreement, the court at Agra has no jurisdiction to hear the application under Section 34 of the Arbitration and Conciliation Act. 4. Be that as it may, the said issue can be raised by the applicant before the concerned court at Agra and the concerned court at Agra may consider the question whether it has jurisdiction to entertain the application under Section 34 of the Arbitration and Conciliation Act or the application under Section 34 of the Arbitration and Conciliation Act is cognizable by the court at Allahabad. 5. The ground on which the transfer has been sought is misconceived. 6. Consequently, the transfer application is dismissed. Order Date :- 19.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad