THE CHIEF ENGINEER (NW) v. M/S AGARWAL & CO.
Court: High Court of Kerala
Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-07-22. THE CHIEF ENGINEER (NW) v. M/S AGARWAL & CO. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE A. K. JAYASANKARAN NAMBIAR & THE HONOURABLE MR. JUSTICE SYAM KUMAR V. M. ND MONDAY, THE 22 DAY OF JULY 2024 / 31ST ASHADHA, 1946 ARB. A NO. 12 OF 2023 (AGAINST THE ORDER AND DECREE DATED 30. 07. 2021 IN OP(ARBITRATION) NO. 80 OF 2020 ON THE FILE OF THE COMMERCIAL COURT (PRINCIPAL SUB JUDGE), ERNAKULAM) APPELLANTS/PETITIONERS: 1 THE CHIEF ENGINEER (NW) MILITARY ENGINEER SERVICES, NAVAL BASE P. O, KOCHI-682004 2 THE ENGINEER-IN-CHIEF, DIRECTORATE OF CONTRACT MANAGEMENT, INTEGRATED HQ OF MOD(ARMY), KASHMIR HOUSE RAJAJI MARG NEW DELHI-110011. 3 UNION OF INDIA REPRESENTED THROUGH CONTRACT MANAGEMENT SECTION MILITARY ENGINEER SERVICES DIRECTORATE OF CONTRACT MANAGEMENT INTEGRATED HQ OF MOD(ARMY), KASHMIR HOUSE, RAJAJI MARG, NEW DELHI-110011. BY ADVS. SRI. T. C. KRISHNA, SR,CGC RESPONDENT/RESPONDENT: M/S AGARWAL & CO. , 857, DASTUR MEHAR ROAD, CAMP,PUNE-411001 REPRESENTED BY SATISH NAIR, PROJECT MANAGER BY ADVS. SRI.
P. JAYABAL MENON SMT. REKHA AGARWAL(K/591/1995), THIS ARBITRATION APPEALS HAVING COME UP FOR ADMISSION ON 22. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2: Arb. Appeal No. 12 of 2023 JUDGMENT Dr. A. K. Jayasankaran Nambiar, J. When this Arbitration Appeal was taken up for hearing today, it was noticed that the order impugned is one that was passed by the Principal Sub Judge, Ernakulam, which is designated as a Commercial Court under the Commercial Courts Act, 2015. In Alexander Luke v. Aditya Birla Money Ltd. [2024 KHC Online 107] a Division Bench of this Court took the view that on a reading of Sections 6 and 10(3) of the Commercial Courts Act, the court for the purpose of consideration of a commercial dispute even if it arises under the Arbitration and Conciliation Act would be the Commercial Court, and an appeal against the order of the Commercial Court would lie only to the Commercial Appellate Court, namely, the District Court.
Under the circumstances, we are of the view that this Arbitration Appeal, should now be transferred to the District Court, Ernakulam, which is the designated Commercial Appellate Court, for consideration and disposal. Accordingly, we direct the Registry to transfer this Arbitration Appeal to the District Court, Ernakulam, where the same shall be numbered and heard expeditiously, taking note of the fact that :3: Arb. Appeal No. 12 of 2023 the arbitral award was passed as early as on 20. 04. 2020. Sd/- DR. A. K. JAYASANKARAN NAMBIAR JUDGE Sd/- SYAM KUMAR V. M. JUDGE mns
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