IMPORTANT POINT: The well accepted principle of interpretation is that all statutes affecting substantive rights should be interpreted as being applicably prospectively unless indicated otherwise either expressly or by necessary implication. There is a general presumption that unless the statute expressly indicates, it would not be applied retrospectively to impair a vested right or impose a fresh burden based on past transaction/events. However, procedural laws are presumed to apply retrospectively. Even in cases where there is no provision that the new law is to be applied retrospectively, the Courts would nonetheless apply the same if it is fair to do so and if it furthers the intention of the legislature.

M.R. Shah, J.

1. As common question of law and facts arise in this group of applications, they are decided and disposed of by this common judgment and order.

2. Miscellaneous Civil Application No.2969 of 2016 has been preferred by the original applicant – M/s. OCI Corporation under section 15(5) of the Commercial courts, Commercial Division and Commercial appellate Division of High Courts Act, 2015 (hereinafter referred to as “the Commercial Courts Act”) read with section 2(1)(e)(ii) and section 47 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”) seeking clarification and appropriate direction for transfer of Execution Petition No.167 of 2015 pending before the District Court, Gandhidham-Kutch either to the High Court of Gujarat or to appropriate Commercial Court/Commercial Division.

2.01. Miscellaneous Civil Application No.2970 of 2016 has been preferred by the original applicant – M/s. OCI Corporation under section 15(5) of the Commercial courts, Commercial Division and Commercial appellate Division of High Courts Act, 2015 (hereinafter referred to as “the Commercial Courts Act”) read with section 2(1)(e)(ii) and section 47 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”) seeking clarification and appropriate direction for transfer of Execution Petition No.168 of 2015 pending before the District Court, Gandhidham-Kutch either to the High Court of Gujarat or to appropriate Commercial Court/Commercial Division.

2.02. Miscellaneous Civil Application No.2971 of 2016 has been preferred by the original applicant – M/s. OCI Corporation under section 15(5) of the Commercial courts, Commercial Division and Commercial appellate Division of High Courts Act, 2015 (hereinafter referred to as “the Commercial Courts Act”) read with section 2(1)(e)(ii) and section 47 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”) seeking clarification and appropriate direction for transfer of Execution Petition No.169 of 2015 pending before the District Court, Gandhidham-Kutch either to the High Court of Gujarat or to appropriate Commercial Court/Commercial Division.

2.03. Miscellaneous Civil Application No.2972 of 2016 has been preferred by the original applicant – M/s. OCI Corporation under section 15(5) of the Commercial courts, Commercial Division and Commercial appellate Division of High Courts Act, 2015 (hereinafter referred to as “the Commercial Courts Act”) read with section 2(1)(e)(ii) and section 47 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”) seeking clarification and appropriate direction for transfer of Execution Petition No.170 of 2015 pending before the District Court, Gandhidham-Kutch either to the High Court of Gujarat or to appropriate Commercial Court/Commercial Division.

2.04. Miscellaneous Civil Application No.2973 of 2016 has been preferred by the original applicant – M/s. OCI Corporation under section 15(5) of the Commercial courts, Commercial Division and Commercial appellate Division of High Courts Act, 2015 (hereinafter referred to as “the Commercial Courts Act”) read with section 2(1)(e)(ii) and section 47 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”) seeking clarification and appropriate direction for transfer of Execution Petition No.171 of 2015 pending before the District Court, Gandhidham-Kutch either to the High Court of Gujarat or to appropriate Commercial Court/Commercial Division.

2.05. Miscellaneous Civil Application No.2974 of 2016 has been preferred by the original applicant – M/s. OCI Corporation under section 15(5) of the Commercial courts, Commercial Division and Commercial appellate Division of High Courts Act, 2015 (hereinafter referred to as “the Commercial Courts Act”) read with section 2(1)(e)(ii) and section 47 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as “th