Punjab-Haryana High Court
Rohini Shiksha And Sanskritik Sansthan vs M/S Alpha Corp. Development Pvt. Ltd on 28 April, 2021
Author: Lisa Gill
Bench: Lisa Gill
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
1. Civil Revision No. 1514 of 2021
Date of Decision: September 28 , 2021.
Rohini Shiksha and Sanskritik Sansthan ...... PETITIONER
Versus
M/s Alpha Corp. Development Pvt. Ltd. and others ...... RESPONDENTS
2. Civil Revision No. 1819 of 2021.
M/s Alpha Corp. Development Private Ltd. ...... PETITIONER
Versus
Rohini Shiksha and Sanskritik Sansthan and others ...... RESPONDENTS
CORAM:- HON'BLE MRS.JUSTICE LISA GILL
Present: Mr. Prateek Gupta, Advocate
for the petitioner in CR No.1514 of 2021 and
for respondent No.1 in CR No.1819 of 2021.
Mr. Alok Jain, Advocate
for respondent No.1 in CR No.1514 of 2021 and
for the petitioner in CR No.1819 of 2021.
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1. Whether reporters of local papers may be allowed to see
the judgment?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
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LISA GILL, J.
This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.
This order shall dispose of CR No.1514 of 2021 (Rohini Shiksha For Subsequent orders see CM-11908-CII-2021 Decided by HON'BLE MRS. JUSTICE LISA GILL 1 of 5 ::: Downloaded on - 23-01-2022 20:53:04 ::: CR Nos.1514 and 1819 of 2021 [2] and Sanskritik Sansthan v. M/s Alpha Corp. Development Pvt. Ltd. and others) and CR No.1819 of 2021 (M/s Alpha Corp. Development Private Limited v. Rohini Shiksha and Sanskritik Sansthan and others) as challenge in both the revision petitions is to order dated 16.07.2021 passed by the learned Designated Commercial Court, Karnal. Facts, for the sake of convenience, are being extracted from CR No.1514 of 2021.
Learned Commercial Court vide impugned order dated 16.07.2021 permitted one last opportunity to respondent-Alpha Corp. Development Pvt. Ltd. to file written statement subject to payment of cost of `20,000/- in proceedings under Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 (for short, the 'Arbitration Act'). Civil Revision No.1514 of 2021 has been filed by Rohini Shiksha and Sanskritik Sansthan challenging the said order dated 16.07.2021 on the ground that grant of such opportunity is illegal and defence of the respondent should have been struck off. Respondent-Alpha Corp. Development Pvt. Ltd. has filed CR No.1819 of 2021 challenging the same impugned order while submitting that more time should be granted as due to outbreak of pandemic and certain exigencies arising due to affliction of concerned persons with COVID-19, written statement could not be filed on behalf of the respondent.
Brief facts necessary for adjudication of the matter are that, dispute between the parties was referred to arbitration without intervention of court. An application under Section 29A of the Arbitration Act for extension of time was filed by the petitioner-Rohini Shiksha and Sanskritik Sansthan before the learned District Judge, Karnal. Respondent-Alpha Corporation Development For Subsequent orders see CM-11908-CII-2021 Decided by HON'BLE MRS. JUSTICE LISA GILL 2 of 5 ::: Downloaded on - 23-01-2022 20:53:05 ::: CR Nos.1514 and 1819 of 2021 [3] Private Ltd. filed an application under Section 19 of the Arbitration Act and Order 7 Rule 11 (d) read with Section 151 CPC for dismissal of the petition, inter alia, claiming that the said petition could be instituted before the learned Commercial Court only. In view of the statement of counsel for the petitioner, application under Section 29A of the Arbitration Act was returned by the learned District Judge, Karnal to be presented before the competent court at Karnal and parties were directed to appear before the said court on 07.10.2020. Permission was sought to file a formal petition in view of the provisions of the Commercial Courts Act, 2015. Petition was accordingly filed in conformity with the said provisions on 23.10.2020.
Respondent-Alpha Corporation Development Private Ltd. raised an objection that as per the mandate of Order 7 Rule 10 CPC, the same was required to be treated as a fresh petition when presented before the court and should be re-numbered and proceedings should be carried forward from that stage. The matter was disposed of on 11.01.2021 in CR No.2536 of 2020, while duly noting the stand of learned counsel for Rohini Shiksha and Sanskritik Sansthan and it was decided that date of institution of the application under Section 29A of the Arbitration Act should be treated 23.10.2020 and further proceedings be taken therefrom in accordance with law and that an effort be made for expeditious disposal of the matter.
It is to be noticed that proceedings before the learned Commercial Court at no point of time were stayed by this Court and that, in fact, it was specifically directed that the same should continue. It is pertinent to note, at this stage, that it is an application under Section 29A(4) and (5) of the Arbitration For Subsequent orders see CM-11908-CII-2021 Decided by HON'BLE MRS. JUSTICE LISA GILL 3 of 5 ::: Downloaded on - 23-01-2022 20:53:05 ::: CR Nos.1514 and 1819 of 2021 [4] Act seeking extension of time for the arbitral award, which is pending. It is specifically provided under Section 29A(9) of the Arbitration Act that, "An application filed under sub-section (5) shall be disposed of by the Court as expeditiously as possible and endeavour shall be made to dispose of the matter within a period of sixty days from the date of service of notice on the opposite party."
Taking things further, it is a settled position of law that insofar as proceedings under the Commercial Courts Act, 2016 are concerned, there can be no extension in the statutory limit provided for filing of the written statement. In case the arguments as addressed by Mr. Jain are to be accepted, aim and objective of the Commercial Courts Act to achieve speedy resolution of disputes would be set at naught. However, in the present case it cannot be denied that unprecedented and peculiar circumstances were indeed created on account of the outbreak of pandemic, COVID-19. Various directions were issued by the Hon'ble Supreme Court of India in Suo Motu Writ Petition (Civil) No.3 of 2020 (In RE Cognizance for Extension of Limitation v. XXXX) as well as the Ist Division Bench of this Court in CWP-PIL No.77 of 2021 (Court on its own motion v. Union of India and others).
In CR No.1819 of 2021 filed by M/s Alpha Corporation Development Pvt. Ltd., following order was passed on 07.09.2021:-
"This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.
After arguing at length, when learned counsel for the petitioner was prima facie unable to persuade this Court to interfere, it is submitted that a practical difficulty has arisen inasmuch as free flow of traffic to Karnal is hindered due to the For Subsequent orders see CM-11908-CII-2021 Decided by HON'BLE MRS. JUSTICE LISA GILL
4 of 5 ::: Downloaded on - 23-01-2022 20:53:05 ::: CR Nos.1514 and 1819 of 2021 [5] call given by the farmer unions.
In this view of the matter, keeping in view the ground reality and practical difficulty, it is directed that in case, written statement is submitted by the petitioner tomorrow i.e. 08.09.2021 along with cost of Rs.20,000/- in terms of order dated 16.07.2021, Annexure P-1, the same be accepted.
List on 13.09.2021."
Learned counsel for the parties inform that the written statement was filed on 08.09.2021 alongwith the cost of `20,000/- though cost was not accepted by the petitioner-Rohini Shiksha and Sanskritik Sansthan. It is further informed that pleadings in this matter are complete and matter ripe for arguments is now listed before the learned Commercial Court for hearing on 22.10.2021.
Keeping in view the peculiar facts and circumstances as above, it is directed that learned Commercial Court, Karnal shall conclude the proceedings on 22.10.2021 itself and at best within one week thereafter, if for some reason the matter can not be concluded on 22.10.2021.
Both the revision petitions are accordingly disposed of.
( LISA GILL )
September 28 , 2021. JUDGE
'om'
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
For Subsequent orders see CM-11908-CII-2021 Decided by HON'BLE MRS. JUSTICE LISA GILL 5 of 5 ::: Downloaded on - 23-01-2022 20:53:05 :::