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2019 Supreme(Raj) 668

MOHAMMAD RAFIQ, ALOK SHARMA
Ess Kay Fincorp Limited – Appellant
Versus
Suresh Choudhary – Respondent


Advocates Appeared:
For the Appellant : Himanshu Jain and Alok Garg
For the Respondent: Vikas Jain

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

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