Himachal Pradesh High Court
State Of H.P. And Another vs . Lalit Kumar on 7 October, 2023
State of H.P. and another Vs. Lalit Kumar Arb. Case No. 75 of 2021 .
07.10.2023 Present: Ms. Avni Kochhar, Deputy Advocate General, for the objectors/applicants.
Mr. Naresh Kaul, Advocate, for the respondent.
It has been submitted by Ms. Avni Kochhar, of learned Deputy Advocate General appearing on behalf of the objectors/applicants that a claim of ₹48,94,670/- was rt preferred before the learned Arbitrator and in view of the enhancement of pecuniary jurisdiction, the matter will go to learned Principal Civil Court of original jurisdiction for disposal as per the law.
The State Government has enhanced the pecuniary jurisdiction and the jurisdiction of District Judge has been enhanced to ₹ one crore. Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 provides that the Court means the Principal Civil Court of original jurisdiction in a District and includes the High Court in exercise of its ordinary original jurisdiction but does not include any Civil Court of a Court inferior to such Principal Civil Court.
Section 9 of the H.P. Courts Act, 1976 provides that the Court of District Judge shall be deemed to be the District Court or Principal Civil Court of original jurisdiction in the District. Thus, it is apparent that only ::: Downloaded on - 07/10/2023 20:39:43 :::CIS the District Court and the High Court are included in the definition of Principal Civil Court or original jurisdiction in .
the State of H.P. Hence, the matter is to be remitted to learned District Judge for disposal as per the law.
In the present case, the arbitration of proceedings were held at Shimla, therefore, the matter is remitted to learned District Judge, Shimla for disposal as rt per law.
The parties, through their respective counsel are directed to appear before the learned District Judge, Shimla on 31.10.2023.
The case file be sent forthwith so as to reach to learned District Judge, Shimla well before the date fixed.
(Rakesh Kainthla) Judge October 07, 2023 (Chander) ::: Downloaded on - 07/10/2023 20:39:43 :::CIS