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2023 Supreme(Ker) 143

C. S. DIAS
Beta Exim Logistics (P) Ltd. – Appellant
Versus
Central Railside Warehouse Co. Ltd. (A Govt. Of India Undertaking) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MANU VYASAN PETER, P.B.KRISHNAN, K.T.SHYAMKUMAR, HARISH R. MENON, OASHIN LALAN, ALEENA SEBASTIAN
For the Respondent: ADV K.T.BOSCO

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:

    (i). A sole Arbitrator passed an award directing the petitioner to pay the respondent an amount of Rs.2,46,23,101/-with interest. The interest quotient of the award was modified by a Division Bench of the Delhi High Court in FAO (OS) COMM. 317/2019.

(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

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