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M. R. SHAH, KRISHNA MURARI
Jaycee Housing Pvt. Ltd. – Appellant
Versus
Registrar (General), Orissa High Court, Cuttack – Respondent
Headnote: Read headnote
JUDGMENT
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 12.04.2022 passed by the High Court of Orissa at Cuttack in respective writ petitions, by which, the Division Bench of the High Court has dismissed the respective writ petitions in which the appellants herein – original writ petitioners challenged a notification dated 13.11.2020, issued by the State of Odisha through its Principal Secretary, Law Department in establishing the Court of the Civil Judge (Senior Division) as Commercial Courts for the purposes of exercising jurisdiction and powers under the Commercial Courts Act, 2015, the original writ petitioners have preferred the present appeals.
2. In exercise of powers conferred by Section 3 and sub-section (1) of Section 9 read with Section 10 of the Odisha Civil Courts Act, 1984 and Section 30 of the Commercial Courts Act, 2015 (hereinafter referred to as the Act, 2015), the State Government on the recommendation of and after consultation with the High Court
Jurisdiction of Commercial Courts – All applications or appeals arising out of arbitration under provisions of Arbitration and Conciliation Act, 1996, other than international commercial arbitration,....
The main legal point established in the judgment is the interpretation of the Commercial Courts Act, 2015, especially Section 10(3), to determine the appellate jurisdiction for disputes arising from ....
The Commercial Courts Act, 2015, as amended, establishes a clear framework for the jurisdiction and appeal processes in commercial disputes, mandating that appeals from judgments of lower Commercial ....
The judgment establishes that appeals from Commercial Courts below the level of a District Judge must be filed in the designated Commercial Appellate Courts, as per the provisions of the Commercial C....
The main legal principle established in the judgment is that the Commercial Court has the jurisdiction to execute its own decree or a decree transferred to it, where the value is above the specified ....
Commercial Courts are empowered to execute arbitral awards under the Arbitration and Conciliation Act, reaffirming the intent of the Commercial Courts Act for speedy resolution of commercial disputes....
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