Neutral Citation No. - 2025:AHC:50229 Court No. - 10 Case :- MATTERS UNDER ARTICLE 227 No. - 140 of 2023 Petitioner :- Manager Dedicated Freigh Corridor Corporation And Another Respondent :- Ramnath Dwivedi And Another Counsel for Petitioner :- Pranjal Mehrotra Counsel for Respondent :- Lokesh Kumar Dwivedi Hon'ble Piyush Agrawal,J. Heard Shri Pranjal Mehrotra, learned counsel for the petitioners and Shri Lokesh Kumar Dwivedi, learned counsel for the respondents. The instant petition has been filed against the impugned order dated 30.08.2022 passed by the Commercial Court, Allahabad. Learned counsel for the petitioners submits that similar controversy, as has been involved in the instant case, has been adjudicated by this Court in Chief Project Manager Dedicated Freight Corridor & Another Vs. Smt. Asha Jain & Another [Matter U/A 227 No. 6375/2023, decided on 29.05.2023]. Learned counsel for the respondents does not dispute the aforesaid fact. This Court in Smt. Asha Jain (supra) has held as under:- "Sri Pranjal Mehrotra, learned counsel for the petitioner submitted that against the Award made by the Arbitrator, the application under Section 34 of the Arbitration and Conciliation Act was filed by the respondent no.1. Against the said application, an objection was filed by the petitioners raising a preliminary objection as to the maintainability of the application under Section 34. Sri Mehrotra, learned counsel further contended that the matter relating to land acquisition is not covered under Section 2(1)(c) of the Commercial Court Act, 2015 and the Commercial Court does not have the jurisdiction and competence to entertain the same. He has relied upon the Division Bench judgment rendered in Writ-C No.24107 of 2020 (Raj Kumar Maurya Vs. Union of India and 2 others). Learned counsel appearing for the respondent no.1 states that he does not propose to file any counter affidavit and the matter may be relegated to the proper forum, as the respondent no.1 is 82 years' old lady. After hearing counsel for the parties and perusing the material on record, I find that in view of Section 2(1)(c) of the Act of 2015 and the Division Bench judgment rendered in case of Raj Kumar Maurya (supra), the Commercial Court, Allahabad does not have the jurisdiction to entertain the application under Section 34 of the Arbitration and Conciliation Act, 1996 against the Award made by the Arbitrator in the present matter. The order dated 30.08.2022 passed by the Commercial Court, Allahabad is hereby set aside. Writ petition stands allowed. The Commercial Court, Allahabad is hereby directed to send back the file to the District Judge, Allahabad for proceeding in the matter under Section 34 of the Arbitration and Conciliation Act, 1996 within a period of one month from the date of production of certified copy of this order. " In view of the aforesaid facts & circumstances of the case, the instant petition is also allowed in terms of the order passed in Smt. Asha Jain (supra). The impugned order dated 30.08.2022 passed by the Commercial Court, Allahabad is hereby quashed. The Commercial Court, Allahabad is hereby directed to send back the file to the District Judge, Allahabad for proceeding in the matter under Section 34 of the Arbitration & Conciliation Act, 1996 within a period of one month from the date of production of certified copy of this order. Order Date :- 8.4.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad