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ARUN KUMAR JHA
Bihar State Power – Appellant
Versus
Gammon India Ltd. – Respondent
Arun Kumar Jha, J.—In these three cases, the issues are common and interrelated, as such, all have been heard together and are being disposed of by this common judgment. The reliefs sought by the petitioners are as under :
Civil Misc. No. 752 of 2023
2. The instant petition has been filed by the petitioner under Article 227 of the Constitution of India seeking following reliefs:—
“(i) To issue a rule NISI in the nature of writ of certiorari to quash and cancel the order dated 09.06.2023 passed by the Ld. District Judge, Civil Court, Patna, in Miscellaneous (Arbitration) Case No. 04/2018 (M/s Bihar State Power Holding Company Ltd. vs. Gammon India Ltd. & Ors.) by which the Ld. District Judge has been pleased to transfer this case to Ld. Additional District Judge-27, Patna along with Execution Case No. 382/2019, a ‘Court’ having no jurisdiction;
(ii) To issue a writ of mandamus commanding the ‘District Judge’ being the Principal Civil Court in terms of section 2 (e) defining ‘Court’ as per Arbitration & Conciliation Act, 1996 and also having been declared a Commercial Court by notification as contained in memo no. 5080 dated 25.07.2019 by the order of Governor of Bihar in terms of sectio
The court affirms that Additional District Judges have jurisdiction to handle arbitration awards under the Arbitration and Conciliation Act, broadening the interpretation of 'Court' within this conte....
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 ....
The Commercial Courts Act, 2015 grants jurisdiction to Commercial Courts for executing arbitral awards related to commercial disputes, emphasizing expedited resolution.
The court affirmed that Section 24(5) of the C.P.C. permits transferring a suit lacking jurisdiction to a Commercial Court, while addressing the provisions of the Commercial Courts Act concerning jur....
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 Additional District Judge lacks jurisdiction to entertain applications under Section 34 of the Arbitration Act if the application was initially filed before the District Judge.
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