Appeal No. 79 of 2016 in Arbitration Petition No. 1543 of 2015. Case: Mahanagar Telephone Nigam Ltd. Vs SRV Telecom Pvt. Ltd.. High Court of Bombay (India)
| Case Number | Appeal No. 79 of 2016 in Arbitration Petition No. 1543 of 2015 |
| Counsel | For Appellant: Gobindram D. Talreja I/by Gobindram D. Talreja & Associates and For Respondents: Subodh Gokhale, Adv. |
| Judges | Anoop V. Mohta and A. A. Sayed, JJ. |
| Issue | Arbitration and Conciliation (Amendment) Act, 2015 - Section 26; Arbitration and Conciliation Act, 1996 - Sections 34, 37; Code of Civil Procedure, 1908 (CPC) - Order XLIII Rule XLIII; Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 - Sections 10, 12, 12(2), 13, 14, 15, 2(i), 21 |
| Judgement Date | April 25, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
Anoop V. Mohta, J.
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This Bench, on 11 April 2016 in Microsec Capital Limited v. Ankit Bimal Deorah, Appeal No. 537 of 2015, has observed that-
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Learned Counsel appearing for the parties are ad-idem that aggregate the value of the claim and counterclaim in the arbitration in question is less than one crore rupees.
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The roster/assignment with regard to Appeals before this Division Bench (Anoop Mohta & A.A. Sayed, JJ.) with effect from 21.03.2016 reads thus:
(C) Appeals under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act, 2015, against Order under Section 10 of the said Act.
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The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short, Commercial Courts Act, 2015) and the Arbitration and Conciliation Act, 1996 as amended by The Arbitration and Conciliation (Amendment) Act, 2015 (3 of 2016) have been brought into force with effect from 23.10.2015. Both these Acts are required to be read for the purposes of considering the object of expeditious hearing of commercial matters in the Court as well as before the Arbitral Tribunals i.e. the Court proceedings and the arbitral proceedings.
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Section 10 of Commercial Courts Act, 2015, is relevant for arbitration matters. It reads as under:
"10. Jurisdiction in respect of arbitration matters. - Where the subject-matter of an arbitration is a commercial dispute of a Specified Value and -
(1)...........
(2) If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that have been filed on the original side of the High Court, shall be heard and disposed of by the Commercial Appellate Division where such Commercial Appellate Division has been constituted in such High Court.
(3)........... "
(emphasis supplied)
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Section 2 (i) of the Commercial Courts, 2015 defines "Specified Value" as follows:
"2.(i) "Specified Value", in relation to a commercial dispute, shall mean the value of the subject-matter in respect of a suit as determined in accordance with section 12 which shall not be less than one crore rupees or such higher value, as may be notified by the Central Government."
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Sections 13 and 14 of Commercial Courts Act, 2015 read as under:
13. Appeals from decrees of Commercial Courts and Commercial Divisions. - (1) Any person aggrieved by the decision of the Commercial Court or Commercial Division of a High Court may appeal to the Commercial Appellate Division of that High Court within a period of sixty days from the date of judgment or order, as the case may be:
Provided that an appeal shall lie from such orders passed by a Commercial Division or a Commercial Court that are specifically enumerated under Order XLIII of the Code of Civil Procedure, 1908 (5 of 1908) as amended by this Act and section 37 of the Arbitration and Conciliation Act, 1996 (26 of 1996).
(2) Notwithstanding anything contained in any other law for the time being in...
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