SHREY CHOUKSEY Vs. RAGHUWAR DAYAL SINGHAL

JUDGEMENT

(1.) Learned Single Judge taking note of the decision rendered by the Division Bench of this High Court in case of R.S. Bajwa and Co. v. State of Chhattisgarh, reported in 2013 (II) MPJR 96, has referred following question for determination by a Larger Bench;-

(2.) Before we proceed to deal with the question referred, we think it proper to narrate the facts of civil revision as also arguments advanced by learned counsel for respective parties, giving rise to the reference in question.

(3.) Some dispute arose out of an agreement entered between the petitioner and respondents which was referred to the Sole Arbitrator, who, in turn, passed the award dtd. 27/10/2014. Petitioners filed an application under Sec. 36 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') read with Order 21 Rule 11 of the Code of Civil Procedure, 1908 (for short 'CPC') before the District Judge, Bilaspur for execution/enforcement of award. In an execution proceeding, respondents have submitted an application under Order 7 Rule 11 CPC seeking dismissal of execution proceedings. Learned District Judge while considering application under Order 7 Rule 11 CPC, arrived at a conclusion that subject matter of execution proceeding falls within the category of 'commercial dispute', as provided under Sec. 2 (c) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 and accordingly, returned back execution application filed under Sec. 36 of the Act of 1996 for filing it before appropriate jurisdictional commercial Court. Aggrieved therewith, petitioners have preferred civil revision under Sec. 115 of the Code before the High Court.