SUNDER SINGH BORA v. SECRETARY,PUBLIC WORKS DEPARTMENT
WPMS/1288/2025 · 2025-06-27
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6088 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6088 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:5498 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/1288/2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. Amish Tewari & Mr. Kailash Chandra, Advocates for the petitioner.
2. Mr. S.K. Nailwal, Standing Counsel for the State of Uttarakhand / respondents.
3.
Learned counsel for the petitioner submits that petitioner was awarded a contract by State Public Works Department. A dispute arose between the parties, which was referred for arbitration and arbitrator gave an award. Petitioner as well as State filed applications under Section 34 of Arbitration and Conciliation Act, 1996 before Commercial Court, Dehradun. Petitioner also filed an application for execution of the award before Commercial Court, Dehradun.
4. All the three cases were transferred from Dehradun to Commercial Court, Haldwani, pursuant to circular issued by High Court on
06.01.2024.
5. According to the petitioner, Commercial Court, Haldwani is not proceeding in the matter, on the ground that the seat of Arbitration was at Dehradun, therefore, Commercial Court, Dehradun alone would have jurisdiction in the
2025:UHC:5498 matter.
6. Comments were called from Registrar General vide orders dated 15.05.2025 and
22.05.2025. Pursuant to said orders, a status report is submitted, enclosing therewith a letter dated 26.06.2025, issued by Registrar General to the Commercial Court, Haldwani. By the said letter, Presiding Officer, Commercial Court, Haldwani was asked to take appropriate decision on judicial side for transfer of cases to Commercial Court, Dehradun, based on the law settled by the Apex Court.
7. Since the Commercial Court, Haldwani has been entrusted to take decision on the question of jurisdiction having regard to the seat of Arbitration in each case, therefore, no useful purpose would be served by keeping this writ petition pending.
8. The writ petition is, accordingly, disposed of with a request to learned Commercial Court, Haldwani to examine the question of jurisdiction in all the cases in the light of law declared by Hon’ble Supreme Court and pass appropriate
order, as per law, within six weeks.
(Manoj Kumar Tiwari, J.)
27.06.2025 Navin