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MOHAMMAD RAFIQ, ALOK SHARMA
Ess Kay Fincorp Limited – Appellant
Versus
Suresh Choudhary – Respondent
Key Points: - The Commercial Court constituted under the Commercial Courts Act would be the only competent court to execute an arbitral award on a "commercial dispute" (not the Principal Civil Court) (!) (!) . - Proviso to Section 15(2) of the Commercial Courts Act serves a limited purpose to ensure finality of cases where judgments have been reserved before constitution, and does not bar execution applications for awards from being entertained by the Commercial Court (!) (!) (!) (!) . - A conjoint reading of Section 10(3) and 15(2) indicates that execution of an award under Section 36 of the Arbitration Act, when the subject matter is a commercial dispute, should be filed with the Commercial Court rather than the Principal Civil Court (!) (!) (!) .
JUDGMENT :
Mohammad Rafiq, J.
1. These three matters, two appeals and a writ petition, raise a common question of law as to which of the two Courts;-Principal Civil Court, having the original jurisdiction in a district i.e. the Court of District and Sessions Judge, as defined under Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act') or the Commercial Court constituted under Section 3(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short 'the Commercial Courts Act') and as defined in Section 2(b) of that Act, would be competent to execute an arbitral award, on a "commercial dispute" passed under the Arbitration Act?
2. Before adverting to the rival submissions, we deem it appropriate to briefly notice the facts of these matters.
3. Appeal No. 12/2019 has been filed by the appellant Ess Kay Fincorp Limited assailing order dated 20.10.2018 passed by the Commercial Court, Ajmer (for short 'the Commercial Court'), dismissing Execution Application No. 06/2018 seeking execution of the award dated 12.03.2018 whereby claim of the appellant was allowed and the respondents were directed to
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