AA No. 17/2021 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU AA No. 17/2021 CM No. 6610/2021 CM No. 6611/2021 CM No. 6612/2021 Date of pronouncement : 30.03.2026 Uploaded on : 01.04.2026 Union of India & Ors. …..Appellants Through:- Mr. Sumant Sudan, Advocate vice Mr. Vishal Sharma, DSGI. V/s M/S Des Raj Nagpal Contractors Pvt. Ltd. …..Respondent Through:- Mr. Dheeraj Sharma, Advocate. \ CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (ORAL) 01. The appellants have challenged order dated 15.02.2021 passed by the learned 1st Additional District Judge, Jammu, whereby the application of the respondent under Section 9 of the Arbitration and Conciliation Act, 1997 has been allowed. 02. Heard learned counsel for the parties and perused the record. Serial No. 82 Regular List AA No. 17/2021 03. A perusal of the record would show that the subject matter of the impugned order is a commercial dispute of specified value pertaining to arbitration proceedings, as such, it is only the designated Commercial Court which has the jurisdiction to adjudicate upon the issues involved in the case. Vide S.O. 47 of 2020 dated 04.02.2020, the Govt. of Union Territory of Jammu & Kashmir has designated Commercial Courts in the Union Territory of Jammu & Kashmir. For district Jammu, the court of Additional District Judge (Bank Cases) has been designated as a Commercial Court in terms of the said S.O. With the issuance of the aforesaid S.O., all other courts cease to have jurisdiction to adjudicate upon cases involving commercial disputes. 04. Upon issuance of S.O. 47 of 2020, the learned Additional District Judge, Jammu ought to have referred the petition to the designated Commercial Court, but instead of doing so, learned 1st Additional District Judge has proceeded to decide the petition filed by the respondent under Section 9 of the Arbitration and Conciliation Act, 1997 on its merits. The order passed by the learned 1st Additional District Judge, Jammu is, therefore, without jurisdiction. 05. Accordingly, the appeal is allowed and the impugned order dated 15.02.2021 passed by learned 1st Additional District Judge, Jammu is set-aside. The case is remanded to the court of learned Commercial Court AA No. 17/2021 (Additional District Judge Bank Cases), Jammu for its decision on merits. Learned 1st Additional District Judge, Jammu shall transmit the record of the case to the court of learned Commercial Court, Jammu, forthwith. 06. The parties are directed to appear before the learned Commercial Court, Jammu on 20.04.2026. 07. Copies of this order be sent to both the courts below. 08. The present appeal is, accordingly, disposed of along with connected application(s). (SANJAY DHAR) JUDGE JAMMU 30.03.2026 Bunty Whether the order is speaking: Yes Whether the order is reportable: No