Uttarakhand High Court
WPMS/2814/2021 on 28 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 28TH DAY OF DECEMBER, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ K. TIWARI
Writ Petition (M/S) No. 2814 of 2021
BETWEEN:
Km. Meenakshi Agarwal & others ... Petitioners
(By Mr. T.A. Khan, Senior Advocate assisted by Mr.
Mohd. Safrin, Advocate)
AND:
State of Uttarakhand & others ... Respondents
(By Mr. Suyash Pant, learned Standing Counsel)
JUDGMENT
1. By means of this writ petition, petitioners
have challenged the order dated 10.01.2021 passed by
District Judge, Udham Singh Nagar, whereby Arbitration
Case No. 5 of 2006 filed by them under Section 34 of
Arbitration & Conciliation Act, 1996 against award given
by Commissioner, Kumaon Division has been ordered to
be transferred to Commercial Court, Dehradun.
2. Mr. T.A. Khan, learned Senior Advocate
appearing for petitioners submits that identical question
between same parties has been decided by this Court
vide judgment dated 03.08.2021 rendered in WPMS No.
961 of 2021.
3. Mr. Suyash Pant, learned Standing Counsel
for the State does not dispute this submission made on
behalf of the petitioners and he submits that petitioner
in WPMS No. 961 of 2021 is mother of the present
petitioners and the dispute in the said case also was
regarding amount payable as lease rent / use and
occupation charges.
4. The impugned order dated 10.01.2021 refers
to some administrative order issued by Office of
District Judge on 11.01.2021, and by relying upon such
administrative order, petitioners' arbitration application
has been ordered to be transferred to Commercial
Court, Dehradun. There is nothing to indicate that
learned District Judge applied his judicial mind to
relevant aspects which were required to be considered
before transferring the case to Commercial Court.
Learned District Judge has passed a non-speaking
order, which does not contain any reason at all,
therefore, on this score alone, it is liable to be set-
aside.
5. Since identical question has been decided in
aforesaid writ petition, therefore, present writ petition
also deserves to be decided in terms of judgment dated
03.08.2021 rendered in WPMS No. 961 of 2021. Order
accordingly.
6. Therefore, this writ petition is allowed and the
impugned order dated 10.01.2021 passed by District
Judge, Udham Singh Nagar is quashed. The matter is
remitted back to learned District Judge, Udham Singh
Nagar to reconsider the matter in the light of provisions
contained in Commercial Courts Act, 2015 and pass
appropriate order, within a period of three months. The
Commercial Court, Dehradun shall return record of
Case No. 26 of 2021 (earlier Arbitration Case No. 5 of
2006) to the Court of District Judge, Udham Singh
Nagar within a period of two weeks' from the date of
production of certified copy of this order.
(Manoj Kumar Tiwari, J.)
Aswal
