SOUTH EASTERN COALFIELDS LIMITED Vs. PADAM KUMAR SINGHANIYA

JUDGEMENT

(1.) This is an application under Section 15 (5) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (for short 'the Act, 2015') for transfer of pending execution application before the Principal Civil Court of original jurisdiction to the Commercial Court, Raipur, on the ground that under Section 15 (2) of the Act, 2015 all suits and applications, including applications under the Arbitration and Conciliation Act, 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 is required to be transferred to such Commercial Court, therefore, the present proceedings which is an application under Section 36 of the Arbitration and Conciliation Act, 1996 (for short 'the Act, 1996') is required to be transferred to the Commercial Court.

(2.) Admittedly, similar application preferred by the applicant in another matter bearing TPC No.4 of 2018 (South Eastern Coal Fields Ltd. v M/s Tirupati Construction) has already been dismissed by us vide order dated 10.01.2018.

(3.) Shri B.P. Sharma, learned counsel appearing for the applicant, would submit that despite the order passed by this Court in M/s Tirupati Construction (supra) this application deserves to be admitted. Shri Sharma would urge that the execution application pending before the Civil Court is continuation of the suit, therefore, a suit being required to be transferred to Commercial Court, the subject execution proceeding should also be transferred to the Commercial Court. Learned counsel would next submit that the object of enacting Commercial Court is to provide speedy adjudication of commercial litigation, therefore, the provisions of the Act, 2015 is required to be given precedence. He would also submit that the previous order passed in M/s Tirupati Construction (supra) is in conflict with the judgment of the Supreme Court rendered in Punjab National Bank, Dasuya vs Chajju Ram and others,2006 6 SCC 655. Learned counsel would also refer to the decisions rendered by the Supreme Court in Dokku Bhushayya v. Katragadda Ramakrishnayya and Others, 1962 AIR(SC) 1886, Hotel Balaji and others, etc v State of Andhra Pradesh and others, etc., 1993 AIR(SC) 1048 ,Narmada Bachao Andolan v State of Madhya Pradesh & Anr., 2011 AIR(SCW) 3337, Allahabad Bank v Canara Bank and Another, 2000 4 SCC 406 and Indian Bank v Manilal Govindji Khona, 2015 3 SCC 712.