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2024 DAILYLAW 2432 (BOM)

UNION OF INDIA v. ORTECH ENGINEERING

WP/3344/2024 · 2026-09-01

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Judgment text

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924-WP-3344-2024.odt Priyanka IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3344 OF 2024 Union Of India ...Petitioner V/s. Ortech Engineering ...Respondent _____________________________________________________________ Ms. Vaishali Chaudhari (through V.C.) for the Petitioner. Mr. Eshaan Saroop i/by Mr. Piyush Pande for the Respondent. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 1 ST SEPTEMBER, 2026. P.C. :- 1. Heard learned counsel for the petitioner as well as learned counsel for the respondent. 2. By this petition, the petitioner has challenged an order dated 8th September, 2021 passed by the Principal District and Sessions Judge, Thane by which the proceedings of Civil M.A. No.192 of 2018, which is an application under Section 34 of Arbitration and Conciliation Act, 1996, is transferred to the Court of Civil Judge Senior Division, Thane for its decision in accordance with law. Learned counsel for the respondent points out that, Civil M.A. No.192 1/3 PRIYANKA MADHAVRAO KALE Digitally signed by PRIYANKA MADHAVRAO KALE Date: 2026.09.05 12:38:21 +0530 924-WP-3344-2024.odt of 2018 has been re-numbered as Civil M.A. No. 858 of 2023 after it is transferred to the Court of Civil Judge, Senior Division, Thane . 3. Although, certain grounds are raised by the petitioner for challenging the said order, learned counsel for the respondent has placed on record a notification dated 3rd July, 2019 issued by Government of Maharashtra with respect to appointment of Courts to be the Commercial Court in the State of Maharashtra. 4. It has to be noted that the Trial Court has observed that the subject value of the dispute is above Rs.50,00,000/- and therefore the petition is required to be transferred to Commercial Court in terms of Section 15 of the Commercial Courts Act, 2015. Documents on record show that the valuation of the dispute is below Rs.1,00,00,000/-. 5. In view of the above, learned counsel for the petitioner fairly states that, in view of this notification dated 3rd July, 2019, the proceedings of Civil M.A. No.192 of 2018 were required to be transferred to the Court of Civil Judge, Senior Division, Thane as ordered by the impugned order. 6. Thus, in view of this position which becomes clear from the notification dated 3rd July, 2019, nothing survives in this instant 2/3 924-WP-3344-2024.odt Petition and the Writ Petition is accordingly dismissed. 7. In view of the fact that, the proceedings are pending since 2018, it is directed that, the proceedings of Civil M.A. No.858 of 2023 pending before the Court of Civil Judge, Senior Division, Thane be decided expeditiously. (PRAFULLA S. KHUBALKAR, J.) 3/3