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2023 Supreme(AP) 1439

D. V. S. S. SOMAYAJULU, DUPPALA VENKATA RAMANA
Obulapuram Mining Company Pvt. Ltd – Appellant
Versus
R. K. Mining Private Limited – Respondent


Advocates appeared:
Challa Kodanda Ram, Advocate, V.Srikantha Rao, Advocate, M.Radhakrishna, Advocate, Rajesh Maddy, Advocate

JUDGMENT

1. Is this Court conferring jurisdiction by a process of judicial legislation or is this Court merely "ironing out the creases" and clarifying the law is the question before this Court?

The issue of jurisdiction of the Family Court-cum-7th Additional District Judge, Anantapuramu, for entertaining the E.P.No.13 of 2016 in C.M.P.No.505 of 2012, as raised in C.R.P.No.2183 of 2022, is the core issue that is taken up at the outset with the consent of the learned counsel for the petitioner and the learned senior counsel appearing for the respondent.

2. Sri M. Radhakrishna, learned counsel appeared for the petitioner and Sri Challa Kodandaram Learned Senior Counsel, as instructed by Sri V. Srikantha Rao, learned counsel, appeared for the respondent. Both the learned counsel submitted arguments on the competency and jurisdiction of the Family Court-cum-7th Additional District Judge, Ananthapuramu, for passing orders in E.A.No.8 of 2022 in E.P.No.13 of 2016 in C.M.P.No.505 of 2012, dtd. 5/5/2022 due to the establishment of the Commercial Courts in the State of Andhra Pradesh.

3. Sri M.Radhakrishna, learned counsel for the petitioner, submitted that a sole arbitrator was appointed to

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