IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
BHARAT SANCHAR NIGAM LIMITED – Appellant
Versus
M/S SOUTH EAST CORPORATION – Respondent
We have heard Sri. Mathews K. Philip, learned counsel for the Bharat Sanchar Nigam Limited and Sri. Paul Jacob, learned counsel for the South East Corporation.
2. The learned counsel for the parties submit that both the appeals may be heard together and disposed of on the issue with regard to the jurisdiction.
3. The common thread of challenge to the impugned judgments is that the learned Trial Court did not have the jurisdiction to decide the applications for setting aside the award in view of Section 15 (2) of the Commercial Courts Act , 2015. We find substance in the said submission. It appears that the said provision was not brought to the notice of the learned Judge while deciding the matter. On such consideration, the impugned judgments are set aside solely on the ground that the learned Trial Court lacked the jurisdiction in deciding the applications for setting aside the award.
4. We make it clear that we have not gone into the merits of the appeals. We request the learned Commercial Court having jurisdiction to dispose of both the applications for setting aside the award as expeditiously as possible.
5. The appeals are disposed of.
Sd/-
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