KIRAN BUILDERS Vs. M.SURYA BABU

JUDGEMENT

(1.) The petitioner partnership firm which is into construction activities is aggrieved by the rejection of I.A.No.2 wherein the petitioner-company, which was the respondent before the Commercial Court had sought for rejection of the plaint on the ground that the dispute cannot be treated as a commercial dispute as defined in the Commercial Courts Act, 2015.

(2.) The respondent herein had approached the Commercial Court raising a challenge to an arbitral award dtd. 4/7/2022 invoking Sec. 34 of the Arbitration and Conciliation Act, 1996. The petitioner herein filed I.A.No.2 seeking rejection of the arbitration application contending that the Commercial Court will have no jurisdiction to entertain the arbitration case since the dispute brought before the Commercial Court is not a commercial dispute within the meaning of Sec. 2(c) of the Commercial Courts Act, 2015.

(3.) The petitioner herein places reliance on a decision of this Court in W.P.No.11783/2020 in the case of M/s.Indraprastha Shelters (P) Ltd. /vs./ South India Biblical Seminary and Another, and a decision of the Apex Court in the case of Faqir Chand Gulati /vs./ Uppal Agencies Pvt. Ltd. and Anr.-(2008) 10 SCC 345, which was in fact relied upon in M/s.Indraprastha Shelters (supra). Whereas the respondents herein placed reliance on a decision of the Division Bench of the Andra Pradesh High Court in the case of Blue Nile Developers Private Limited /vs./ Movva Chandra Sekhar and Ors. - 2021 SCC Online AP 3964. It was also contended that the said decision of the Division Bench of the Andhra Pradesh High Court was challenged by the aggrieved person before the Apex Court and the SLP was dismissed. The Commercial Court passed the impugned order dismissing I.A.No.2 filed by the petitioner and therefore the petitioner is before this Court.