Himachal Pradesh High Court
M/S Himachal Techno Engineers vs . Director on 20 March, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
M/s Himachal Techno Engineers Vs. Director National Institute of Technology & Anr.
OMP(M) No. 211/2023 20.03.2025 Present: Mr. Sumeet Raj Sharma, Advocate, for the petitioner.
Mr. Balram Sharma, Sr. Advocate as DSGI with Mr. Rajiv Sharma, Advocate, for the respondents. Instant petition is filed under Section 34 of the Arbitration & Conciliation Act, 1996, arising out of arbitral award passed in a dispute arising out of construction & infrastructure contracts, including tenders entered into between the parties.
2. Commercial Division has been constituted in this Court on 24.10.2024. In view of definition of "Commercial dispute" in Section 2(c)(vi) of Commercial Courts Act, which includes disputes arising out of construction & infrastructures contracts, including tenders; Section 6 of the said Act giving jurisdiction to the Commercial Court for trying commercial dispute of specified value; and Section 15 of the Act relating to transfer of suits, applications, including applications under Arbitration & Conciliation Act, relating to commercial dispute of specified value pending in the High Court, where the Commercial Division has been constituted, this Court has no jurisdiction to try the instant petition. The jurisdiction to decide the matter would be that of Commercial Division.
3. Learned counsel for the parties also submitted that this matter is required to be transferred to Commercial Division.
In view of above, this petition is transferred to the Commercial Division of this Court.
Jyotsna Rewal Dua Judge 20th March, 2025 (rohit)