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APURBA SINHA RAY
ABP Private Limited – Appellant
Versus
Signet Media Service Private Limited – Respondent
JUDGMENT :
Apurba Sinha Ray, J.
1. The learned counsel appearing for the judgment-debtor has argued that originally, the suit was filed in Ordinary Original Civil Jurisdiction of this High Court in 2019 but, according to him, it should have been filed in the Commercial Division since the relevant provisions under Commercial Courts Act, 2015 have come into force from the year 2015. According to him, initially a decree was passed on consent of the parties and the amount of such consent decree was approximately Rs. 6 crores. The judgment-debtor paid about Rs. 3 crores. However, as the judgment-debtor was unable to pay the entire amount, the instant execution proceeding has been launched.
2. The learned counsel has further pointed out that during the pendency of the execution proceeding, it appears to him that the learned Trial Court had no jurisdiction to pass the relevant decree on 06.01.2020. The learned counsel has further pointed out that there was a jural relationship between the parties and from the materials on record it would be evident that there was commercial transaction between the concerned parties on the basis of oral contract. The judgment-debtor’s status was recognized by
The Commercial Courts Act, 2015 grants jurisdiction to Commercial Courts for executing arbitral awards related to commercial disputes, emphasizing expedited resolution.
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 Executing Court cannot reassess a decree's validity on jurisdictional grounds after the decree has attained finality; jurisdictional issues can only be raised during original proceedings.
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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