The main legal point established is that execution proceedings based on an arbitration award are liable to be transferred to the Commercial Court as per Section 15 of the Act of 2015.

JUDGMENT

Sushrut Arvind Dharmadhikari, J. - Heard on admission.

1. The present application under Section 15(5) of The Commercial Courts Act, 2015(hereinafter referred to as .....'the Act of 2015) has been filed by the petitioner seeking transfer of Arbitration Case pending under Section 36 of the Arbitration and Conciliation Act, 1996(MJC AV 08/2018) before the Court of IXth Additional District Judge, Indore to the Court of 'Commercial Court - VIIth Additional District Judge, Indore'.

2. Learned counsel for the petitioner contended that the aforesaid proceeding arises out of the Arbitration Award dated 19/08/2017 and the execution of the same is pending before the IXtth Additional District Judge, Indore. He further submitted that by virtue of Section 15(2) of the the Act of 2015, all the proceedings of suits, applications and arbitration cases are liable to be transferred to the Commercial Courts, therefore, the execution proceedings, initiated based on the award passed under the Arbitration and Conciliation Act 1996, ('hereinafter to be referred to as 'the Act of 1996') are also liable to be transferred to the Commercial Courts.

3. On the other hand, learned counsel for the respondent submits that Section 15 of the Act of 2015 nowhere prescribes that the execution proceedings under Act of 1996 are liable to be transferred. He further contended that the award is liable to be executed by the Court where the properties are situated, therefore, there being no corresponding amendment in the Act of 1996 for the execution of the award by the Commercial Court only. In such a situation, the application is not tenable and is liable to be dismissed.

4. Heard learned counsel for the parties and perused the record.

5. Section 2(c) of the Act of 2015 defines the 'Commercial dispute'.

6. By way of Explanation (a) it has been clarified that it also involves action for recovery of immovable property or the realisation of monies out of immovable property given as security or involves any other relief about the immovable property;

7. Section 15 of the Act of 2015 also provides that all suits and applications, including applications under the Act of 1996, relating to a commercial dispute of a Specified Value pending in a High Court where a Commercial Division has been constituted, shall be transferred to the Commercial Division. Likewise as per sub-section (2) of Section 15 of the Act of 2015 all the suits and applications, including applications under the Act of 1996, relating to a commercial dispute of a Specified Value pending in any civil court in any district or area in respect of which a Commercial Court has been constituted, shall be transferred to such Commercial Court:

8. In similar situation, the Coordinate Bench of this Court in MCC No.2001/2022 had transferred similar case to the Commercial Court.

9. In view of the above, the execution proceedings pending before the IXth Additional District Judge, Indore in MJC AV 08/2018 is liable to be adjudicated by a Commercial Court. As a consequence, the pending MJC AV 08/2018 stands transferred to the Commercial Court i.e. VIIth Additional District Judge, Indore for further proceedings.

Accordingly, this MCC is allowed. No order as to costs.