Supreme Court Seeks Allahabad HC Response On Transferring Pending Arbitration/Commercial Matters To Commercial Courts In UP
2 years, 4 months ago

Supreme Court Seeks Allahabad HC Response On Transferring Pending Arbitration/Commercial Matters To Commercial Courts In UP

Live Law  

Justices M. R. Shah and B. V. Nagarathna was hearing the matter where the Court had in May The bench ofwas hearing the matter where the Court had in May issued certain directions to tackle the problem of delay in deciding the matters related to commercial disputes in the state of UP. Further, on Tuesday, Ms. Garima Prasad, Senior Advocate/AAG appearing on behalf of the state of UP placed on record Notification of 21.07.2022 issued by the government of UP, by which the government has constituted four additional commercial courts in UP at Meerut, Gautam Buddha Nagar, Agra and Lucknow. The bench had on Tuesday noted that however, from the Notification it appears that those four additional commercial courts would have jurisdiction over different Districts and that the aforesaid is likely to create more problems and delay in disposal of the commercial cases- For example, if the additional commercial court at Meerut would have jurisdiction over six different Districts, in that case the litigants in other Districts may have to go to Meerut even those districts may not have a large pendency. Mr. Nikhil Goel learned counsel appearing on behalf of the High Court has submitted that the High court might not have made the proposal to have four additional commercial courts having jurisdiction over different Districts. "Learned counsel appearing on behalf of the High Court and even the Registrar General, who is present in the Court, is not in a position to point out as to how many commercial cases are pending in the Commercial Courts at Meerut, Gautam Buddha Nagar, Agra and Lucknow and the respective Districts over which the aforesaid Commercial Courts, namely, Meerut, Gautam Buddha Nagar, Agra and Lucknow have jurisdiction", recorded the bench on Wednesday.

Jurisdiction Court Cases Districts Commercial Lucknow Courts Act Bench Additional Meerut Senior Advocate Commercial Courts Different Districts Gautam Buddha Nagar Garima Prasad Ms Garima Prasad  meerut  cases  response  act  court  districts  bench  seeks  transferring  hc  supreme  courts  commercial  pending  matters  jurisdiction  additional

History of this topic

Arbitration Weekly Round-Up: 15th April to 21st April 2024
8 months ago

Arbitration Weekly Round-Up: 15th April to 21st April 2024

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High Courts Bombay High Court Can A Section 29A Application Be Filed In The Commercial Court Or Only In The High Court? An Award Issued By Unilaterally Appointed Arbitrator Can Be Contested For Invalidity Of Appointment, Even By The Appointing Party: Delhi High Court Case Title: Telecommunication Consultants India Ltd v. Shivaa Trading Citation: 2024 LiveLaw 471 The High Court …

Can A Section 29A Application Be Filed In The Commercial Court Or Only In The High Court? Single Bench Of Bombay High Court Refers The Issue To Larger Bench
8 months ago

Can A Section 29A Application Be Filed In The Commercial Court Or Only In The High Court? Single Bench Of Bombay High Court Refers The Issue To Larger Bench

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The High Court of Bombay has referred the issue of maintainability of a Section 29A application seeking extension of the arbitration before the Commercial Court to a larger bench in view of conflicting views by two co-ordinate benches of the High Court. The Bench of Justice Bharat P. Deshpande observed that the since Section 29A of the A&C Act not …

Execution Petition For Arbitration Award Would Lie Only Before The Designated Commercial Courts: Andhra Pradesh High Court
1 year, 3 months ago

Execution Petition For Arbitration Award Would Lie Only Before The Designated Commercial Courts: Andhra Pradesh High Court

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The High Court of Andhra Pradesh has held that an execution petition for an arbitration award can only lie before the designated Commercial Courts and no other Court viz., Civil/District Court can entertain such an application. Somayajulu and Duppala Venkata Ramana held that an execution/enforcement petition for an arbitration award of a specified value would be an application within the …

Allahabad High Court Weekly Round-Up: July 31 - August 06
1 year, 4 months ago

Allahabad High Court Weekly Round-Up: July 31 - August 06

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NOMINAL INDEX M/S Bhawani Traders vs. State of U.P. And 2 Others 2023 LiveLaw 246 ORDERS/JUDGMENTS OF THE WEEK Goods In Transit Can’t Be Treated As Non-Traceable In Presence Of Tax Invoice, E-Way Bill And Bilty: Allahabad High Court Case Title: M/S Bhawani Traders vs. State of U.P. ‘Procedural review’ is an inherent power of every Court and Tribunal “to …

Cases Valued Below ₹10 Lakhs Pending Before Commercial Courts Need Not Be Transferred Despite Increase In Pecuniary Limit: Kerala High Court
2 years, 4 months ago

Cases Valued Below ₹10 Lakhs Pending Before Commercial Courts Need Not Be Transferred Despite Increase In Pecuniary Limit: Kerala High Court

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The Kerala High Court on Tuesday held that cases pending before commercial courts in the State as on 18.03.2022 which have a pecuniary value less than Rs.10 lakh shall continue before the commercial courts.Justice A. Badharudeen observed that a transfer of such pending cases was not necessary since the Government Order increasing the pecuniary limit of commercial courts did not …

Additional Commercial Courts Will Be Functional Within Six Months, Efforts Underway To Make Infrastructure Available: Delhi High Court Told
2 years, 5 months ago

Additional Commercial Courts Will Be Functional Within Six Months, Efforts Underway To Make Infrastructure Available: Delhi High Court Told

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The Delhi High Court has been told by its administrative side that additional commercial courts will be functional within six months in the national capital and that efforts were being made to ensure that requisite infrastructure is made available for the same.Taking the statement on record, a division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad. …

High Pendency Of Arbitration & Commercial Cases : Supreme Court Asks Allahabad HC CJ To Devise Roadmap To Tackle Arrears
2 years, 7 months ago

High Pendency Of Arbitration & Commercial Cases : Supreme Court Asks Allahabad HC CJ To Devise Roadmap To Tackle Arrears

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Being apprised of the burgeoning pendency in the execution proceedings of arbitral awards and applications to set aside award under Section 34 of the Arbitration and Conciliation Act, 1996, in the State of Uttar Pradesh, the Supreme Court, on Thursday, requested the Chief Justice of Allahabad High Court to constitute a committee of Judges to device a roadmap to tackle …

On Procedural Aspects The Arbitration Act Must Yield To The Provisions Of The Commercial Courts Act: Orissa High Court
2 years, 8 months ago

On Procedural Aspects The Arbitration Act Must Yield To The Provisions Of The Commercial Courts Act: Orissa High Court

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The High Court of Orissa has observed that the Court for the purpose of deciding all the applications arising out of the arbitration agreement between the parties would be the Commercial Court as defined under the Commercial Courts Act which need not necessarily be the Principal Civil Court as provided under the Arbitration Act. As a corollary, the definition of …

Commercial Courts Have The Power To Permit New Timeline For Submission Of Written Statement In Transferred Cases: Andhra Pradesh High Court
2 years, 10 months ago

Commercial Courts Have The Power To Permit New Timeline For Submission Of Written Statement In Transferred Cases: Andhra Pradesh High Court

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The Andhra Pradesh High Court recently ruled that the Commercial Courts dealing with transferred cases from civil courts have the power to prescribe a new timeline for submission of written statement. Justice C. Praveen Kumar and Justice Ravi Nath Tilhari ruled as follows: "1) where the suit or application has been transferred to the Commercial Court under Section 15 of …

Allahabad High Court Issues Notice On Plea Seeking Re-Allocation Of Territorial Jurisdiction Between Benches At Prayagraj & Lucknow
3 years, 9 months ago

Allahabad High Court Issues Notice On Plea Seeking Re-Allocation Of Territorial Jurisdiction Between Benches At Prayagraj & Lucknow

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The Lucknow Bench of the Allahabad High Court has issued notice to the Awadh Bar Association on a PIL seeking re-allocation of territorial jurisdiction between the two benches of the High Court at Prayagraj and Lucknow. It states, "The grievance of the petitioners which is that out of 75 districts of the state of Uttar Pradesh, the territorial jurisdiction of …

Order Of Commercial Court U/Sec 9 Of Arbitration & Conciliation Act Appealable: Kerala High Court
4 years, 1 month ago

Order Of Commercial Court U/Sec 9 Of Arbitration & Conciliation Act Appealable: Kerala High Court

Live Law  

An order under Section 9 of the Arbitration and Conciliation Act, passed by a Commercial Court below the level of a District Judge is appealable under Section 13 of the The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, the Kerala High Court has held.The Court observed thus while considering a petition challenging an order passed …

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