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RITU RAJ AWASTHI, SURAJ GOVINDARAJ
ITI Limited rep by its authorized signatory Mr. Raja Ram Pandey – Appellant
Versus
Alphion Corporation – Respondent
ORDER :
SURAJ GOVINDARAJ, J.
1. Upon the filing of the above matter, the registry has raised an objection as regards how a Commercial Appeal (COMAP) is maintainable when filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, ‘A & C Act, 1996’), since an award dated 07.10.2021 is sought to be set aside.
2. In response to the same, the appellant has filed a memo dated 26.01.2022 stating that the Commercial Division of this Court would have Jurisdiction to determine the dispute raised being a challenge to an award passed in an International Commercial Dispute. It is also stated that if this Court were to be of the opinion that a Commercial Appeal is not maintainable, leave be granted to convert the Commercial Appeal to an Arbitration Case or any such other case type as this Court deems fit. COMAP
3. Vide order dated 03.02.2022, a Co-ordinate Bench of this Court considering the submission of Sri.Nanda Kumar C.K., learned Senior Counsel appearing for the appellant that the proceedings of this nature would have to be considered by a Single Bench since the appellant will lose a forum of the appeal under Section 37 of the A & C Act, 1996, directed the Registrar (Judic
The main legal point established in the judgment is the jurisdiction and classification of cases for challenges to International Commercial Arbitration Awards under Section 34 of the Arbitration and ....
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 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 jurisdiction of courts over arbitration applications must adhere to specified pecuniary thresholds established by law, and errors in this regard can invalidate decisions.
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,....
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