Narendra Singh Dhaddha,J. - (1.) By way of this revision petition, petitioners have challenged the order of Additional District Judge No.3, Jaipur Metropolitan-II dated 08.01.2021 in which learned trial court dismissed the application filed by the petitioners under Order 7 Rule 1(d) read with Sections 6, 10 and 11 of Commercial Court Act, 2015.
(2.) Learned counsel for the petitioners submits that respondent had filed an application under Section 9 of Arbitration and Conciliation Act, 1996 before the learned District and Sessions Judge, Jaipur Metropolitan-II, Jaipur which was transferred for adjudication to the court of learned Additional District Judge No.3, Jaipur Metropolitan-II.
(3.) Learned counsel for the petitioners submits that petitioners have filed an application under Order 7 Rule 11 (d) read with Sections 6, 10 and 11 of Commercial Court Act, 2015. Learned counsel for the petitioners also submits that learned trial court has committed serious error in rejecting the application and not considering the specific pleading made by the respondent in the application under Section 9 of Arbitration and Conciliation Act, 1996. Learned counsel for the petitioners also submits that a bare perusal of the application shows that the said application is not maintainable. Learned counsel for the petitioners also submits the application filed by the respondent clearly shows that he has spent crores of rupees in installation, operation of water dispenser units. So, the matter pertains to commercial transaction so civil court has no jurisdiction to adjudicate the application filed by the respondent. Learned counsel for the petitioners also submits that the present matter comes under the ambit of commercial dispute so only commercial court has jurisdiction for adjudication.;