2025:JHHC:29777 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3949 of 2019 ---- Daimler Financial Services India Pvt Limited., A company registered under the Company Act, 1956 having its registered office at RMZ Millennia Business Park, Campus 3B, Unit 202, 143, Dr MGR Road, PO & PS Perungudi, District Chennai 600096, Tamil Nadu through its authorized representative Manoj Bijwe S/O Krishna Rao aged about 38 years, at Daimler Financial Services India Pvt Limited, at Unit No.202, 2nd Floor, Campus 3B, RMZ Millenia Business Park, No 143, Dr M.G.R. Road P.O & P.S-Perungudi, Dist Chennai, State-Tamil Nadu …. …. Petitioner -Versus- 1. Annapurna Trambakeshwar Mining, Gonudih, Kendua Colliery, PO & PS Kusunda, Dhanbad, Jharkhand 828116 2. Jitendra Singh Rana, S/o Not known to the applicant R/A/19, Shivashray Society, Near Petrol Pump, Vasna Road, Vadodara, P.O Vasna Road P.S Vadodara, District-Vadodra, Gujarat-390021 …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner : Mr. Bharat Kumar, Advocate For the Respondents : Mr. S.K. Pandey, Adv. ---- 05/Dated: 24th September, 2025 1. Heard the learned counsel for the parties. 2. The present writ petition has been filed for following reliefs:- “To quash the order dated 27.04.2019 (Annexure-3 series) passed in Execution Case No.31 of 2019 passed by Sri Alok Kumar Dubey, the learned District Judge-XIV-cum-Presiding Officer, Commercial Court, Dhanbad whereby and whereunder the case filed for Execution of Award dated 03.072017 in Arbitration Case No.106 of 2016, arising out of Loan cum Hypothecation Agreement No.2017434 & Ors dated 27.05.2014 before the Sole Arbitrator, Mr. R. Rajarajan, Advocate, was dismissed on the ground that there is no notification of the State Government with respect to specified value in the light of the amendment of 2018 in the Commercial Courts Act and as such the pecuniary jurisdiction of the Commercial Court remained Rs.One Crore.” 3. The writ petition has been filed by the petitioner and it is a company registered under the Companies Act, 1956 having its registered office at RMZ 2025:JHHC:29777 2 W.PC No.3949 of 2019 Millennia Business Park, Campus 3B, Unit 202, 143, DR MGR Road, PO & PS Perungudi, District-Chennai, State-Tamil Nadu. 4. The petitioner company is a Non-Banking Finance Company engaged in the business of granting finance on diverse vehicles, equipments etc., to the interested customers. 5. The respondents obtained a loan for purchase of vehicles and equipment. The respondent No.1 namely, Annapurna Trambakeshwar Mining, who is the borrower and the respondent No.2 namely, Jitendra Singh Rana Mehta, who is the guarantor, have entered into loan agreement with the petitioner company vide Agreement No.2017434 dated 27.05.2014. There were seven loan agreement for seven vehicles for a loan of Rs.20,00,000/- each, totally Rupees One Crore Forty Lakh Only. 6. The respondents failed to make payment as per the terms and conditions of the agreement. Due to failure of the respondents the dispute was referred to the sole Arbitrator on 14.04.2016 due to failure of the said agreement. Notice was duly served to the respondents on 25.06.2016 and 20.08.2016 respectively. 7. Respondents failed to appear and an Award was passed on 03.07.2017 directing the respondents to pay Rs.79,25,870.10/- forthwith and also interest @ 18% per annum was from 03.07.2017 till realization of the amount. They were also directed to pay litigation cost of Rs.20,000/-. 8. On 31.12.2015, Commercial Courts Act received presidential assent and the same was published in the Gazette of India on 01.01.2016. Section 1 (3) provided that the Act shall be deemed to have come in effect on 23.10.2015. 9. The specified value was reduced to Rs.3,00,000/- Lakhs by the Act 28 of 2018 w.e.f 03.05.2018 and earlier, it was Rs.One Crore. Notification in terms of Section 3(1) of the Act was published on 27.05.2016 establishing three Commercial Courts including Dhanbad (i.e., Annexure-5). 10. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Amendment Act, 2018 received presidential assent on 20.08.2018 and was published in Gazette on 21.08.2018 and the same has been applicable with retrospective effect from 03.05.2018. 11. The petitioner filed the case for execution of Award before the Commercial Court, Dhanbad being Execution Case No.31 of 2019 which was 2025:JHHC:29777 3 W.PC No.3949 of 2019 dismissed vide order dated 27.04.2019 at the admission stage itself on the ground that no notification with respect to the specified value was published by the State Government and the same is impugned in this present writ petition. 12. It appears that the Executing Court, vide order dated 27.04.2019 has dismissed the Execution Case No.31 of 2019 on the ground that the Concerned Court has no pecuniary jurisdiction. Same issue has already been settled by the Co-ordinate Bench of this Court passed in W.P.(C) No.3941 of 2019 vide order dated 24th June, 2020. 13. In view of the above settlement of issue, the present writ petition is hereby, allowed and accordingly, disposed of. 14. The matter is remitted to the concerned Court for deciding the issue afresh. 15. It is hereby, clarified that only the pecuniary jurisdiction has been considered by this Court. Rest of the issues are open for both the parties. (Rajesh Kumar, J.) 24th September, 2025 Raja/- Uploaded