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P. NAVEEN RAO, P. SREE SUDHA
K. Srimannarayana Murthy, s/o. K. Rosaiah – Appellant
Versus
V. Agastya Sagar, s/o. V. Vidya Sagar – Respondent
ORDER :
P.Naveen Rao, J.
Heard Sri M.R.K. Chakravarthy, learned counsel for the petitioners, and Sri Duvva Pavan Kumar, learned counsel for the respondents.
2. The 1st respondent filed A.O.P.No.40 of 2020 in the Court of IX Additional Chief Judge, City Civil Court at Hyderabad (the Trial Court), under Section 9 of the Arbitration and Conciliation Act, 1996 (the short, ‘the Act of 1996’) praying to grant injunction restraining petitioners/respondent Nos.2 and 3 from taking action or exercising the rights in connection with the management of M/s. Sagarasia Global LLP (the LLP), changing the management of the LLP and direct the petitioners/respondent Nos.2 and 3 to keep the petitioners informed about the operations and management of the LLP. The Trial Court granted ex-parte injunction and directions as prayed by the 1st respondent.
3. The Petitioners filed I.A.No.551 of 2020 under Order VII Rule 11(d) of the Code of Civil Procedure, praying the Trial Court to reject the A.O.P.No.40 of 2020. The petitioners contended that the subject matter of A.O.P., is a commercial dispute and therefore, only the Commercial Court has jurisdiction to entertain and consider the said application under Secti
Considering the issue of jurisdiction of civil Court to entertain an application under section 9 of the Act, 1996 in a dispute among the partners of LLP, the Court need not go into the question wheth....
The jurisdiction of courts over arbitration applications must adhere to specified pecuniary thresholds established by law, and errors in this regard can invalidate decisions.
Jurisdiction of Commercial Courts – All applications or appeals arising out of arbitration under provisions of Arbitration and Conciliation Act, 1996, other than international commercial arbitration,....
The Court emphasized the importance of pecuniary jurisdiction, the designation of the proper Court as per the arbitration clause, and the non-exclusivity of jurisdiction under the 1996 Act.
Sections 6 of Commercial Courts Act, 2015 dealing with jurisdiction of Commercial Court
The main legal point established in the judgment is the interpretation of the Commercial Courts Act, 2015, especially Section 10(3), to determine the appellate jurisdiction for disputes arising from ....
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