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1 - 10 of 12 (0.35 seconds)The Code of Civil Procedure, 1908
THE COMMERCIAL COURTS ACT, 2015
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
The Arbitration Act, 1940
Section 8 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
Section 17 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Black Diamond Trackparts Private ... vs Black Diamond Motors Private Limited on 27 August, 2021
In light of the judgments of Surya Dev Rai supra and Black Diamond
supra, this is not a case where the commercial court has acted without
jurisdiction or has failed to exercise its jurisdiction vested in it. Nor is there
any manifest error apparent on the face of the proceedings. No prejudice has
been caused to the petitioner as liberty has been granted to it by the
commercial court to raise the issue of jurisdiction at an appropriate stage.
M/S Deep Industries Ltd. vs Oil And Natural Gas Corporation Ltd. on 28 November, 2019
30. We are of the view that once the Commercial Courts Act has
expressly barred the remedy of a revision application under Section
115 of the CPC, with respect to the suits within its ambit, the
purpose thereof cannot be permitted to be defeated by opening up
Signature Not Verified
Digitally Signed CM(M) 1016/2021 Page 4 of 7
By:MAMTA ARYA
Signing Date:17.11.2021
14:57:56
the gates of Article 227 of the Constitution of India. The scope and
ambit of a petition under Article 227 is much wider than the scope
and ambit of a revision application under Section 115 of the CPC;
whatever can be done in exercise of powers under Section 115 of the
CPC, can also be done in exercise of powers under Article 227 of
the Constitution. Allowing petitions under Article 227 to be
preferred even against orders against which a revision application
under Section 115 CPC would have been maintainable but for the
bar of Section 8 of the Commercial Courts Act, would nullify the
legislative mandate of the Commercial Courts Act. Recently, in Deep
Industries Limited Vs. Oil and Natural Gas Corporation Limited
(2020) 15 SCC 706, in the context of petitions under Article 227 of the
Constitution of India with respect to orders in an appeal against an
order of the Arbitral Tribunal under Section 17 of the Arbitration &
Conciliation Act, 1996, it was held that if petitions under Article 226 /
227 of the Constitution against orders passed in appeals under the
Arbitration Act were entertained, the entire arbitral process would be
derailed and would not come to fruition for many years. It was
observed that though Article 227 is a constitutional provision which
remains untouched by an non-obstante Clause 5 of the Arbitration
Act but what is important to note is that though petitions can be
filed under Article 227 against judgments allowing or dismissing
First Appeals under the Arbitration Act, yet the High Court would
be extremely circumspect in interfering with the same taking into
account the statutory policy, so that interference is restricted to
orders which are patently lacking in inherent jurisdiction. Thus,
though we are of the view that gates of Article 227 ought not to be
opened with respect to orders in commercial suits at the level of the
District Judge against which a revision application under CPC was
maintainable but which remedy has been taken away by the
Commercial Courts Act, but abiding by the judgments aforesaid,
hold that it cannot be said to be the law that jurisdiction under
Article 227 is completely barred. However the said jurisdiction is to
be exercised very sparingly and more sparingly with respect to
orders in such suits which under the CPC were revisable and which
remedy has been taken away by a subsequent legislation i.e. the
Commercial Courts Act, and ensuring that such exercise of
jurisdiction by the High Court does not negate the legislative intent
Signature Not Verified
Digitally Signed CM(M) 1016/2021 Page 5 of 7
By:MAMTA ARYA
Signing Date:17.11.2021
14:57:56
and purpose behind the Commercial Courts Act and does not come
in the way of expeditious disposal of commercial suits.