Neutral Citation No. - 2025:AHC-LKO:38778 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3567 of 2025 Petitioner :- Bharat Sanchar Nigam Ltd. Meerut And 2 Others Respondent :- Presiding Officer Commercial Court No. 1 Lko. And Another Counsel for Petitioner :- Pratul Kumar Srivastava Hon'ble Pankaj Bhatia,J. 1. Supplementary affidavit filed on behalf of the petitioners is taken on record. 2. Heard learned Counsel for the petitioner. 3. The present petition has been filed under Article 227 of the Constitution of India challenging an order dated 23.10.2024 whereby, the preliminary objection with regard to the jurisdiction of the Commercial Court in executing the decree was upheld. 4. The facts as emerge are that against an award passed by the Arbitrator on 31.12.2004 under the Arbitration and Conciliation Act, objections were filed under Section 34, which came to be decided by the Additional District Judge, Court No.16, Lucknow vide judgment and order dated 26.02.2024. The said arbitration award was put into execution after the dismissal of the application filed under Section 34 of the Act. 5. It is argued by the Counsel for the petitioners that against the said order dated 26.02.2024 whereby, the application under Section 34 was rejected, was subjected to challenge in an appeal filed under Section 37 of the Arbitration and Conciliation Act, however, the same is still pending and no orders have been passed thereupon. It is also stated that initially an application for recalling the order dated 26.02.2024 passed under Section 34 was moved, which was dismissed vide order dated 29.05.2025 and the appeal has been filed against both the orders, which is still pending and no interim order is operating. 6. It is also stated by the Counsel for the petitioners that in the meanwhile, the award in question was put to execution by filing an Execution Application No.49 of 2024 before the Commercial Court. Before the said court, an objection was filed by the petitioners stating that as the objection under Section 34 was decided by the Additional District Judge, Court No.16, Lucknow, the court which had no jurisdiction in view of the constitution of the Commercial Courts, wherein it was incumbent that all the pending applications be transferred to the Commercial Court. It is stated that the Commercial Court at Lucknow was established on 31.10.2017. In short the submissions is that the order passed on the objection under Section 34 of the Arbitration and Conciliation Act was without jurisdiction. 7. The Commercial Court considered the objections filed by the petitioners and held that after the constitution of the Commercial Court, all the executions would lie before the Commercial Court and thus rejected the application. The submission of the Counsel for the petitioners is that by virtue of Order 21 Rule 10 of C.P.C., the execution can be filed only before the Court which had passed the decree. The said argument cannot be accepted for two reasons. Firstly that the executing court cannot go into the question of jurisdiction or lack of jurisdiction exercised by the Additional District Judge, Court No.16, Lucknow on 26.02.2024; the same is subject matter of appeal. Secondly, the order passed under Section 34 would not amount to a decree as in terms of the Arbitration and Conciliation Act, the 'award' itself is a decree and the execution thereof is prescribed before the Commercial Court. Thus, on the both the reasons, no interference is called for. 8. The petition lacks merit and is accordingly dismissed. Order Date :- 8.7.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench