Himachal Pradesh High Court
M.C. Shimla & Another vs . Tarkeshwar Shah on 2 June, 2025
M.C. Shimla & another vs. Tarkeshwar Shah
Arb. Appeal No.28 of 2025
02.06.2025 Present: Ms. Swati Verma, Advocate, for the appellant.
The instant appeal under Section 37 of the Arbitration
and Conciliation Act, 1996 has been filed against judgment dated
06.12.2024 passed by the learned District Judge, Shimla in
Arbitration Case No.7-S/-2 of 2023, whereby the petition of the
appellants herein under Section 34 of the Arbitration and
Conciliation Act, 1996 has been dismissed.
Record reveals that the arbitration inter se the parties
has arisen in terms of the contract executed by them in respect of
construction of Car Parking-cum Commercial Complex at Dhalli,
Shimla. Thus, the dispute is a commercial dispute and in terms of
Section 10(2) of Commercial Courts Act, 2015 it is to be heard and
decided by the Commercial Division of this Court.
Accordingly, the appeal is transferred to the
Commercial Division of this Court. Registry is directed to take
follow up action.
The report of the Registry reveals that an amount of
Rs.72,30,064/- has been deposited by the appellant in the Registry
of this Court. The same be invested immediately as per the Rules.
(Satyen Vaidya)
Judge
2nd June, 2025
(rupsi)
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