MINTECH GLOBAL PRIVATE LIMITED Vs. KESORAM INDUSTRIES LIMITED

JUDGEMENT

(1.) The award-debtor has filed the present application for stay of the Execution proceedings till the outcome of the application made by the award-holder for setting aside of the award under Sec. 34 of The Arbitration and Conciliation Act, 1996. Both the parties have sought for setting aside of the award. The award-debtor in AP No. 396 of 2023 (which is the award-holder's setting aside application) has taken a point of the execution proceedings not being filed in proper form under the provisions of The Commercial Courts Act, 2015. The award-debtor accordingly seeks striking out of pleadings in the Execution Case and other consequential orders against the award-holder.

(2.) To streamline the argument made on behalf of the award-debtor, according to learned counsel, the tabular statement of the Execution Case mentions "Original Side" instead of "Commercial Division". The other argument is that the affidavit in support of the Tabular Statement is not accompanied by a Statement of Truth as required under Order VI Rule 15A of The Code of Civil Procedure, 1908, (CPC) as amended by The Commercial Courts Act, 2015. Counsel submits that the award-holder should not be permitted to rely on the pleadings made in the affidavit in support of the tabular statement and that the pleadings should also be struck out under the mandate of Order VI Rule 15A(5) of the CPC.

(3.) Learned counsel appearing for the award-holder resists the preliminary objection taken on behalf of the award-debtor by placing several provisions of The CPC as amended by the Commercial Courts Act. Counsel seeks to urge that the alleged procedural lapses are curable and do not go the root of the matter. Counsel seeks to limit the application of Order VI Rule 15A of the CPC to "pleadings" as defined under Order VI of the CPC. Counsel further submits that the words "Original Side" is a result of a typographical error which cannot cause any prejudice to the award-debtor who should be given an opportunity to correct the same.