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2024 Supreme(Telangana) 1188

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ALOK ARADHE, C.J., SREENIVAS RAO
PSM Energy Pvt. Ltd.  Through its director/Authorized Representative  Shri Ajay Vishwakarma – Appellant
Versus
ZAM Engineering and Logistics Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. Prasen Gundavaram
For the Respondent: Ms. Manjari S. Ganu,

JUDGMENT :

J. Sreenivas Rao, J.

This appeal under Section 13 of the COMMERCIAL COURTS ACT , 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 has been filed against the order dated 10.06.2024 passed in C.O.S.No.31 of 2021 by the Commercial Court in the Cadre of District Judge for Trial and Disposal of Commercial Disputes at Hyderabad, (for short, ‘Commercial Court’) by which the application filed by appellant/defendant No.1 seeking rejection of the plaint under Section 8 of the Arbitration and Conciliation Act, 1996 read with Order VII Rule 11(a) & (b) read with Section 151 of Code of Civil Procedure, 1908 (C.P.C.) was dismissed.

2. Heard Sri G. Vidya Sagar, learned Senior Counsel representing Sri Sai Prasen Gundavaram, learned counsel for the appellant, and Sri Sunil B. Ganu, learned Senior Counsel representing Ms. Manjari S. Ganu, learned counsel for respondent No.1.

3. The appellant herein is defendant No.1 and respondent No.1 herein is the plaintiff in C.O.S.No.31 of 2021. For the sake of convenience, the parties shall be referred to in this order as per their ranking in C.O.S.No.31 of 2021.

4. BRIEF FACTS:

i) The plaintiff is a company registered under the Co

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