Disposed¶7

State of H.P. v. Mohinder Singh Malhi

Pecuniary jurisdiction – Commercial dispute

Himachal Pradesh HC23 Jul 2026CARBC/88/2026

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Case brief

AI extract

What is this about?

Single-judge order (Sushil Kukreja, Judge, dated 23.07.2026) in CARBC No. 88/2026 transferring an objection petition concerning an arbitral award (claim of Rs. 71,15,600/-) to the Court of the District Judge, Shimla, H.P., because per Notification No. Home-B.B(15)1/2015Vol-II dated 2nd May, 2026, commercial disputes valued above Rs. 60,00,000/- but not exceeding Rs. 1,00,00,000/- fall within the original jurisdiction of the District Judge/Additional District Judge; parties directed to appear on 18.08.2026.

What did the court decide?

Objection petition transferred to the Court of the learned District Judge, Shimla, District Shimla, H.P., for disposal in accordance with law; parties, through counsel, directed to appear before that Court on 18.08.2026. ¶7

State of H.P. Vs Mohinder Singh Malhi — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in view of Notification No. Home-B.B(15)1/2015Vol-II dated 2nd May, 2026 (under which the Court of the District Judge/Additional District Judge has original jurisdiction in all commercial disputes of pecuniary value exceeding Rs. 60,00,000/- but not exceeding Rs. 1,00,00,000/-), the objection petition involving a claim of Rs. 71,15,600/- lies within the original jurisdiction of the District Judge rather than this Court.

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Court's answer

Since the amount claimed by the claimant (Rs. 71,15,600/-) exceeds Rs. 60,00,000/- but does not exceed Rs. 1,00,00,000/-, it falls within the pecuniary band prescribed by the Notification dated 2nd May, 2026 for the original jurisdiction of the District Judge/Additional District Judge in commercial disputes; accordingly, the objection petition is transferred to the Court of the learned District Judge, Shimla, District Shimla, H.P.

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Ratio / Principle

The parties, through their counsel, are directed to appear before the transferee Court (District Judge, Shimla) on 18.08.2026, and the records are to be sent to that Court forthwith so as to reach well before the date fixed.

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Detailed headnote1 paragraphs

Pecuniary jurisdiction – Commercial dispute – Objection petition arising out of an arbitral award in which the amount claimed by the contractor is Rs. 71,15,600/- – By Notification No. Home-B.B(15)1/2015Vol-II dated 2nd May, 2026, the Court of the District Judge/Additional District Judge has original jurisdiction in all commercial disputes of pecuniary value exceeding Rs. 60,00,000/- but not exceeding Rs. 1,00,00,000/- – Claim falling within this band, the objection petition is transferred to the Court of the learned District Judge, Shimla, District Shimla, H.P., for disposal in accordance with law – Parties, through counsel, directed to appear before the transferee Court on 18.08.2026 and records to be sent forthwith.

State of H.P. v. Mohinder Singh Malhi

Case brief

What is this about?

What did the court decide?

State of H.P. v. Mohinder Singh Malhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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