Allahabad High Court
U.P. State Road Transport Corporation ... vs Ram Murti Mishra on 7 July, 2021
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 2147 of 2021 Petitioner :- U.P. State Road Transport Corporation And Another Respondent :- Ram Murti Mishra Counsel for Petitioner :- Sunil Kumar Misra,Ayush Mishra Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner through video conferencing.
By means of the instant petition, the petitioner seeks the following relief:
"issue a order or direction for quashing/ setting aside the impugned order dated 08-02-2021 passed by Court of District Judge Allahabad in Transfer Application no. 237 of 2020 (Misc. Case no. 03 of 2020) arising out of Arbitration Case No. 9 of 2016 U.P. State Road Transport Corpn & Another vs. Ram Murti Mishra of Court of District Judge Allahabad."
It is urged that the award rendered by Arbitrator under the Arbitration and Conciliation Act,1996 (hereinafter referred to as "Act, 1996") was challenged by application dated 02.02.2016 under Section 34 of Act, 1996 before Court of District Judge, Allahabad which was registered as Arbitration Case No. 9 of 2016. It is urged that when the matter was at the final hearing stage, an application was moved by respondent to transfer the case before the Commercial Court at Prayagraj as the Court hearing the appeal seized to have the jurisdiction after constitution of Commercial Court.
On specific query, learned counsel for the petitioner admits that Commercial Courts Act, 2015 (hereinafter referred to as "Act, 2015") came to be enacted in the year 2015 and after the amendment effective from 03.05.2018, Commercial Courts came to be established to hear the commercial matters valued three lakh and above. Section 15 of Act, 2015 refers to transfer of cases and reads as under:
?Section 15. Transfer of pending cases.
(1) All suits and applications, including applications under the Arbitration and Conciliation Act, 1996 (26 of 1996), relating to a commercial dispute of a Specified Value pending in a High Court where a Commercial Division has been constituted, shall be transferred to the Commercial Division.
(2) All suits and applications, including applications under the Arbitration and Conciliation Act, 1996 (26 of 1996), relating to a commercial dispute of a Specified Value pending in any civil court in any district or area in respect of which a Commercial Court has been constituted, shall be transferred to such Commercial Court:
Provided that no suit or application where the final judgment has been reserved by the Court prior to the constitution of the Commercial Division or the Commercial Court shall be transferred either under sub-section (1) or sub-section (2).
(3) Where any suit or application, including an application under the Arbitration and Conciliation Act, 1996 (26 of 1996), relating to a commercial dispute of Specified Value shall stand transferred to the Commercial Division or Commercial Court under sub-section (1) or sub-section (2), the provisions of this Act shall apply to those procedures that were not complete at the time of transfer.
(4) The Commercial Division or Commercial Court, as the case may be, may hold case management hearings in respect of such transferred suit or application in order to prescribe new timelines or issue such further directions as may be necessary for a speedy and efficacious disposal of such suit or application in accordance 1[with Order XV-A] of the Code of Civil Procedure, 1908 (5 of 1908):
Provided that the proviso to sub-rule (1) of Rule 1 of Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not apply to such transferred suit or application and the court may, in its discretion, prescribe a new time period within which the written statement shall be filed.
(5) In the event that such suit or application is not transferred in the manner specified in sub-section (1), sub-section (2) or sub-section (3), the Commercial Appellate Division of the High Court may, on the application of any of the parties to the suit, withdraw such suit or application from the court before which it is pending and transfer the same for trial or disposal to the Commercial Division or Commercial Court, as the case may be, having territorial jurisdiction over such suit, and such order of transfer shall be final and binding.?
The proviso to Section 15(2) clearly provides that except the cases where the final judgment has been reserved by the Court prior to the constitution of Commercial Division or Commercial Court, all the cases shall be transferred before the Commercial Court. Since learned counsel for the petitioner is not disputing that judgment in the instance case pending before District Judge was not reserved, the Court would have no jurisdiction.
Learned counsel for the petitioner failed to point out any illegality, infirmity, perversity in the impugned order so as to warrant interference.
The writ petition lacks merits. Dismissed.
Order Date :- 7.7.2021 P. Sri.