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2025 DAILYLAW 38017 (ALL)

ALIGARH DEVELOPMENT AUTHORITY v. PRESIDING OFFICER, COMMERCIAL COURT, AND ANOTHER

A227/3504/2025 · 2025-04-09

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52631 Court No. - 10 Case :- MATTERS UNDER ARTICLE 227 No. - 3504 of 2025 Petitioner :- Aligarh Development Authority Respondent :- Presiding Officer, Commercial Court, And Another Counsel for Petitioner :- Vibhanshu Vaibhav Counsel for Respondent :- Ramji Sharma Hon'ble Piyush Agrawal,J. Heard Shri Vibhanshu Vaibhav, learned counsel for the petitioner and Shri Ramji Sharma, learned counsel for the respondent. The instant petition has been filed challenging the impugned order dated 29.01.2025 passed by the Presiding Officer, Commercial Court, Aligarh in Misc. Case No. 07/2024 filed under section 34 of the Arbitration & Conciliation Act, 1996. Learned counsel for the petitioner submits that by the impugned order, the application filed under section 34 of the Arbitration & Conciliation Act has been rejected solely on the ground of lack of jurisdiction. He further submits that the file has been returned to be presented before the court having the competent jurisdiction as per the Rules. After hearing learned counsel for the parties, when a pointed query was put to the counsel for the petitioner as to how the application under section 34 of the Arbitration Act was maintainable at Aligarh, when the award was passed at Noida and the proceedings were initiated at Noida, he could not able to satisfy this Court or show any averments made in the petition suggesting that the said application was maintainable at Aligarh. In view of the above, the petition is dismissed. Order Date :- 10.4.2025 Amit Mishra Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad