Hrtc And Another vs M/S Ascend World
2025 Latest Caselaw 4317 HP

Himachal Pradesh High Court

Hrtc And Another vs M/S Ascend World on 28 February, 2025

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

HRTC AND ANOTHER Versus M/S ASCEND WORLD WIDE SERVICES LTD.

Arb. Case No.41 of 2020 a/w Arb. Case No.50 of 2020 and Ex. Pet. No.13 of 2020

28.02.2025 Present : Arb. Case No.41 of 2020 Mr. Udit Shaurya Kaushik, Advocate, for the petitioner.

Mr. Devender K. Sharma, Advocate, for the respondent.

Arb. Case No.50 of 2020 Mr. Devender K. Sharma, Advocate, for the petitioner.

Ms. Shubh Mahajan, Advocate, for the respondents.

Ex. Pet. No.13 of 2020 Mr. Devender K. Sharma, Advocate, for the petitioner/decree holder.

Ms. Shubh Mahajan, Advocate, for the respondent/judgment debtor.

Instant petitions filed under Section 34 of the Arbitration & Conciliation Act, 1996, arise out of arbitral award passed in a dispute arising out of carriage of goods.

2. Commercial Division has been constituted in this Court on 24.10.2024. In view of definition of "Commercial dispute" in Section 2(c)(v) of Commercial Courts Act, which includes disputes arising out of carriage of goods; Section 6 of the said Act giving jurisdiction to the Commercial Court for trying commercial dispute of specified value; 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.

Learned counsel for the parties have also jointly submitted for transferring the matters to the Commercial Division.

Accordingly, these petitions are transferred to the Commercial Division of this Court.

Jyotsna Rewal Dua Judge 28th, February, 2025 (Pardeep)