[Cites 7, Cited by 0]
Gujarat High Court
Legal Heirs Of Deceased Prataprai ... vs Deceased Niranjanbhai Gaurishankar ... on 17 March, 2026
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/3114/2026 JUDGMENT DATED: 17/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3114 of 2026
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LEGAL HEIRS OF DECEASED PRATAPRAI GAURISHANKAR TRIVEDI & ORS.
Versus
DECEASED NIRANJANBHAI GAURISHANKAR TRIVEDI & ORS.
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Appearance:
MR.VIMAL M. PATEL AND MR.HITESH V. PATEL FOR VMP
LEGAL(7210) for the Petitioner(s) No.
1,1.1,1.10,1.2,1.3,1.4,1.5,1.6,1.7,1.8,1.9,2,3
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 17/03/2026
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
1. By means of the present petition filed invoking the
extraordinary supervisory jurisdiction of this Court under Article
227 of the Constitution of India is directed against the order dated
26.11.2025 passed by the Principal Senior Civil Judge and
Addl.Chief Judicial Magistrate, Jamnagar in Commercial Execution
Petition No.125 of 2023.
2. By the order impugned, the Principal Senior Civil Judge,
referring to the provisions of Section 10(2)(1)(e) of the Arbitration
and Conciliation Act' 1996 (for short, "the Arbitration Act' 1996")
as well as the provisions of Section 10 of the Commercial Courts
Act' 2015 and the notification dated 26.10.2020 of the Legal
Department of the State, has held that it has no jurisdiction to try
with the application arising out of the Arbitration Act' 1996.
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C/SCA/3114/2026 JUDGMENT DATED: 17/03/2026
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3. On the presentation of the present petition, vide order dated
09.03.2026, we have summoned the report of the District Judge,
Jamnagar to explain as to how and in what manner the execution
petition arising out of the arbitration award filed under Section 36
of the Arbitration Act' 1996 has been rejected by the judge
concerned.
4. A perusal of the report of the learned Principal District Judge,
Jamnagar indicates that vide notification dated 26.10.2020 of the
Legal Department of the State, while conferring the jurisdiction of
Commercial Courts upon the Senior Civil Judge (having experience
in dealing with the commercial matters) exceptions have been
made to the applications preferred under the Arbitration and
Conciliation Act' 1996. The jurisdiction to decide the applications
under Arbitration Act' 1996, however, is conferred upon the
Commercial Courts to the Additional District Judge for the District
and Taluka concerned.
5. There is also a reference of the decision of his Court dated
22.01.2019 in Special Civil Application No.4138 of 2018 holding
that only the District Court will be competent for execution of
award under Arbitration and Conciliation Act' 1996.
6. Taking note of the reasoning given in the order impugned as
also the detailed report submitted by the Principal District Judge,
Jamnagar as well as the Government notification dated 26.10.2010
as also the subsequent notification dated 11.06.2024 No.B-
Commercial/1422 of 2024 brought on record, no exception can be
attached to the order of the Senior Civil Judge in arriving at the
conclusion that it has no jurisdiction to try the execution
application filed under Section 36 of the Arbitration Act' 1996.
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C/SCA/3114/2026 JUDGMENT DATED: 17/03/2026
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7. However, it is noteworthy that an error has been committed
by the learned Judge in rejecting the application itself, which was
originally filed before the District Court, Jamnagar and registered
as Regular Civil Application No.01 of 2005. From a perusal of the
order dated 29.01.2022 at page No.'73' of the paper-book, it seems
that the said execution application under Section 36 of the
Arbitration Act' 1996 filed in 2005 has been inadvertently
transferred to the Court of Principal Senior Civil, Jamnagar in the
year 2022, wherein it was renumbered as Regular Civil Application
(Commercial) No.46 of 2022.
8. The learned Principal Senior Civil Judge in paragraph No. '1'
of the order recorded that the execution application was
transferred from one court to the another from time to time and it
came to Court of Principal Senior Civil Judge, Jamnagar in the year
2022, and it was further renumbered as Commercial Execution
Petition No.125 of 2023.
9. Taking note of the above, we find that in view of the
notification dated 26.10.2020 of the Legal Department of the State,
Commercial Execution Petition could not have been transferred to
the Court of Principal Senior Civil Judge, Jamnagar in the year
2022, at the very first instance.
10. As a result of the order impugned, the execution application
filed in the year 2005, transferred to a wrong court in the year
2022, stood rejected. The learned judge instead of rejecting the
same ought to have brought the matter to the notice of the learned
Principal District Judge for transferring it to a proper court by
passing an administrative order.
11. For the above, while modifying the order dated 26.11.2025 of
the Principal Senior Civil Judge and Additional Chief Judicial
Magistrate, Jamnagar, subject matter of challenge herein, we
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C/SCA/3114/2026 JUDGMENT DATED: 17/03/2026
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revive the Original regular Civil Application No.01 of 2005
renumbered as Regular Civil Application (Commercial) No.46 of
2022 after transfer to the Court of Principal Senior Civil Judge,
Jamnagar, and direct the Principal District Judge, Jamnagar to
place the said application before the appropriate Commercial court
having jurisdiction to deal with the applications under Section 36 of
the Arbitration and Conciliation Act' 1996 within the territorial
jurisdiction of District Jamnagar, forthwith.
12. With the above, the present petition stands disposed of.
(SUNITA AGARWAL, CJ )
(D.N.RAY,J)
SAHIL S. RANGER
