JUDGMENT

R.DEVDAS, J. - The petitioner partnership firm which is into construction activities is aggrieved by the rejection of I.A.No.2 wherein the petitioner-company, which was the respondent before the Commercial Court had sought for rejection of the plaint on the ground that the dispute cannot be treated as a commercial dispute as defined in the Commercial Courts Act, 2015.

2. The respondent herein had approached the Commercial Court raising a challenge to an arbitral award dtd. 4/7/2022 invoking Sec. 34 of the Arbitration and Conciliation Act, 1996. The petitioner herein filed I.A.No.2 seeking rejection of the arbitration application contending that the Commercial Court will have no jurisdiction to entertain the arbitration case since the dispute brought before the Commercial Court is not a commercial dispute within the meaning of Sec. 2(c) of the Commercial Courts Act, 2015.

3. The petitioner herein places reliance on a decision of this Court in W.P.No.11783/2020 in the case of M/s.Indraprastha Shelters (P) Ltd. /vs./ South India Biblical Seminary and Another, and a decision of the Apex Court in the case of Faqir Chand Gulati /vs./ Uppal Agencies Pvt. Ltd. and Anr.-(2008) 10 SC