Uttarakhand High Court
WPMS/1288/2025 on 27 June, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:5498
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPMS/1288/2025
Hon'ble Manoj Kumar Tiwari, J.
Mr. Amish Tewari & Mr. Kailash
Chandra, Advocates for the petitioner.
2. Mr. S.K. Nailwal, Standing Counsel for
the State of Uttarakhand / respondents.
3. Learned counsel for the petitioner submits
that petitioner was awarded a contract by State
Public Works Department. A dispute arose
between the parties, which was referred for
arbitration and arbitrator gave an award.
Petitioner as well as State filed applications
under Section 34 of Arbitration and Conciliation
Act, 1996 before Commercial Court, Dehradun.
Petitioner also filed an application for execution
of the award before Commercial Court,
Dehradun.
4. All the three cases were transferred from
Dehradun to Commercial Court, Haldwani,
pursuant to circular issued by High Court on
06.01.2024.
5. According to the petitioner, Commercial
Court, Haldwani is not proceeding in the matter,
on the ground that the seat of Arbitration was at
Dehradun, therefore, Commercial Court,
Dehradun alone would have jurisdiction in the
2025:UHC:5498
matter.
6. Comments were called from Registrar
General vide orders dated 15.05.2025 and
22.05.2025. Pursuant to said orders, a status
report is submitted, enclosing therewith a letter
dated 26.06.2025, issued by Registrar General to
the Commercial Court, Haldwani. By the said
letter, Presiding Officer, Commercial Court,
Haldwani was asked to take appropriate decision
on judicial side for transfer of cases to
Commercial Court, Dehradun, based on the law
settled by the Apex Court.
7. Since the Commercial Court, Haldwani
has been entrusted to take decision on the
question of jurisdiction having regard to the seat
of Arbitration in each case, therefore, no useful
purpose would be served by keeping this writ
petition pending.
8. The writ petition is, accordingly, disposed
of with a request to learned Commercial Court,
Haldwani to examine the question of jurisdiction
in all the cases in the light of law declared by
Hon’ble Supreme Court and pass appropriate
order, as per law, within six weeks.
(Manoj Kumar Tiwari, J.)
27.06.2025
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