Sahi Ram Yadav Son Of Shri Digaram ... vs Star Agri Finance Limited
2021 Latest Caselaw 6866 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 11987/2019

1.     Sahi Ram Yadav Son Of Shri Digaram Yadav, Aged About
       55 Years, By Caste Ahir Resident Of 18 Yadav Nagar
       Jamunapuri Colony Murlipura Scheme Vki Jaipur
2.     Smt Suresh Devi Wife Of Shri Sahi Ram Yadav, By Caste
       Ahir Resident Of 18 Yadav Nagar Jamunapuri Colony
       Murlipura Scheme Vki Jaipur
3.     Sandeep Kumar Yadav Son Of Shri Sahi Ram, By Caste
       Ahir Resident Of 18 Yadav Nagar Jamunapuri Colony
       Murlipura Scheme Vki Jaipur
                                                                    ----Petitioners
                                     Versus
Star Agri Finance Limited, Office Litolier Chambers B Wing, 3Rd
Floor Mehrauli Near Metro Station Marol Naka Andheri East
Mumbai Maharashtra Earlier Situated At Unit No.111-112 First
Floor Tower-1, Corporate Soletier Park Chakla Andheri East
Mumbai, Branch Office 501-502 Fifth Floor, Cororate Park, Near
Ajmer Puliya, Ajmer Road Jaipur.
                                                                   ----Respondent

For Petitioner(s) : Mr. Prakash Kaushik for Mr. Hemant Kumar Sharma.

For Respondent(s) : Mr. Ajay Shukla.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

24/11/2021

This writ petition has been filed by the petitioners

challenging the order dated 15.04.2019 whereby the application

submitted by the petitioner with regard to jurisdiction of the court

below for hearing of execution petition was dismissed.

Counsel appearing on behalf of the respondent submits that

the issue involved in this writ petition has been considered and

(2 of 2) [CW-11987/2019]

decided by the Division Bench of this court in the matter of Ess

Kay Fincorp Limited Vs. Suresh Choudhary & Anr. (D.B. Civil

Misc. Appeal No.12/2019 along with other connected matters)

wherein on 22.08.2019 following order was passed:-

"In view of above, we answer the question of law formulated in the beginning of this judgment in the terms that the Commercial Court constituted under Section 3(i) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, as defined in Section 2(b) of that Act, would be the only competent Court to execute an arbitral award on a "commercial dispute" passed under the Arbitration and Conciliation Act, 1996 and not the Principal Civil Court having the original jurisdiction in the District i.e. the Court of District and Sessions Judge as defined under Section 2(1)(e) of the Arbitration and Conciliation Act, 1996."

Heard counsel for the parties and perused the record.

In view of the judgment passed by the Division Bench of this

court in the matter of Ess Kay Fincorp (supra), the writ petition

stands disposed of and the order passed by the learned trial court

dated 15.04.2019 (Annexure-3) is set aside and the trial court is

directed to transfer the execution application filed on behalf of the

respondents to the Commercial Court having the jurisdiction.

(INDERJEET SINGH),J

MG/55

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