Himachal Pradesh High Court
Director, Nit Hamirpur & Anr. vs . M/S Himachal Techno Engineers on 27 June, 2025
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
Director, NIT Hamirpur & Anr. Vs. M/s Himachal Techno Engineers Arb. Case No.879 of 2023 .
27.06.2025 Present: Mr. Balram Sharma, DSGI with Mr. Rajeev Sharma, Advocate, for the petitioners. Mr. Sumeet Raj Sharma, Advocate, for the respondent.
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 a construction/ infrastructural project/commercial contract 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.
::: Downloaded on - 27/06/2025 21:34:38 :::CIS3. 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.
June 27, 2025
Mukesh
r to Jyotsna Rewal Dua
Judge
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