C. S. DIAS
Beta Exim Logistics (P) Ltd. – Appellant
Versus
Central Railside Warehouse Co. Ltd. (A Govt. Of India Undertaking) – Respondent
JUDGMENT :
The original petition is filed assailing the order passed in E.P No.926/2020 by the Commercial Court, Ernakulam. The petitioner is the judgment debtor, and the respondent is the decree holder.
2. The relevant facts leading to the impugned order, in a narrow compass, are:
(ii). The respondent laid the award to execution by filing EP No.387/2020 before the Court of the District Judge, Ernakulam, on 23.6.2020.
(iii). By an administrative order dated 25.9.2020, the learned District Judge transferred the execution petition to the Commercial Court, Ernakulam, and the execution petition was renumbered as EP No.926/2020.
(iv). The petitioner questioned the jurisdiction of the Commercial Court to entertain the execution petition in view of Section 15(2) of the Commercial Courts Act, 2015 (in short, ‘C.C. Act’) and Sections 36 and 42 of the Arbitration and Conciliation Act, 1996 (in short, ‘A&C. Act’).
(v). The Commercial Court, by the impugn
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.