JUDGMENT :

Mohammad Rafiq, J.

1. These three matters, two appeals and a writ petition, raise a common question of law as to which of the two Courts;-Principal Civil Court, having the original jurisdiction in a district i.e. the Court of District and Sessions Judge, as defined under Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act') or the Commercial Court constituted under Section 3(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short 'the Commercial Courts Act') and as defined in Section 2(b) of that Act, would be competent to execute an arbitral award, on a "commercial dispute" passed under the Arbitration Act?

2. Before adverting to the rival submissions, we deem it appropriate to briefly notice the facts of these matters.

3. Appeal No. 12/2019 has been filed by the appellant Ess Kay Fincorp Limited assailing order dated 20.10.2018 passed by the Commercial Court, Ajmer (for short 'the Commercial Court'), dismissing Execution Application No. 06/2018 seeking execution of the award dated 12.03.2018 whereby claim of the appellant was allowed and the respondents were directed to jointly and severely pay a sum of Rs. 4,77,387/- together with interest @ 36% per annum from 26.02.2018 till the same is realized, return the possession of the vehicle, as also a sum of Rs. 1,100/- towards arbitration fee and cost to the appellant.

4. Appeal No. 5890/2018 has been filed by the appellant Equitas Small Finance Bank Limited assailing order dated 20.10.2018 passed by the Commercial Court, Ajmer (for short 'the Commercial Court'), dismissing Execution Application No. 01/2018 filed in CIS No. 145/2018 seeking execution of the award dated 15.02.2018 whereby claim of the appellant was allowed and the respondents were directed to jointly and severely pay a sum of Rs. 5,70,960/- together with interest @ 18% per annum from 01.02.2018 till the same is realized as also a sum of Rs. 2,000/- towards arbitration fee and cost to the appellant.

5. Writ Petition No. 4379/2019 seeks to challenge order dated 21.12.2018 passed by the Commercial Court No. 1, Jaipur (Rajasthan) in CIS/Case No. Ex. 42/2018. In this case, Respondent No. 1, M/s. Solcon Engineers Private Limited filed a civil suit against the petitioner, Rajasthan State Cooperative Oilseed Growers Federation Limited and Respondent No. 2, National Heavy Engineering Cooperative Limited in the Court of Civil Judge, Senior Division, Pune (Maharashtra) for recovery of a sum of Rs. 21,95,833/-. The suit was filed on the basis of agreement executed between Respondent No. 1 and Respondent No. 2. On request of Respondent No. 2, the Court referred the matter to the arbitral tribunal for adjudication of the disputes between them. The arbitral tribunal by award dated 24.07.2004 allowed the claim of Respondent No. 1. Respondent No. 2 filed objections against the award before District and Sessions Judge, Pune (Maharashtra) which were dismissed vide judgment dated 23.04.2008. It is thereafter that the application under Section 36 of the Arbitration Act was filed seeking execution of the award before the Court of District and Sessions Judge, Pune. On application of Respondent No. 1, the said execution application was transferred to the Court of District and Sessions Judge, Jaipur Metropolitan, Jaipur, who transferred the same to the Commercial Court No. 1, Jaipur. Thereafter, the petitioner received show cause notice but the Commercial Court No. 1, Jaipur vide order dated 28.11.2018 transferred the execution application to the Court of District and Sessions Judge, Jaipur Metropolitan, Jaipur directing the parties to appear before that Court. According to the petitioner, Presiding Officer of the Commercial Court No. 1, Jaipur sent letter to the District and Sessions Judge, Jaipur Metropolitan and observed that necessary order from that Court be awaited. The matter was adjourned to 14.12.2018 and thereafter, it w