M.G. MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) These five writ petitions raise interesting questions of law concerning the interpretation as well as interplay of the provisions of the Commercial Courts Act, 2015 (CC Act) with the provisions of the Arbitration and Conciliation Act, 1996 (A&C Act). These petitions also question a Notification dtd. 13/11/2020, issued by the State of Odisha through its Principal Secretary, Law Department in establishing the Court of the Civil Judge (Senior Division) for the purposes of exercising jurisdiction and powers under the CC Act.

(2.) The question posed for consideration by this Court is whether for the purposes of the dealing with applications under Ss. 9, 14, 34 and so on of the A&C Act jurisdiction can be conferred on a judicial officer subordinate to the rank of a District Judge, i.e., the Principal Civil Judge in the district notwithstanding Sec. 2 (1) (e) of the A&C Act? An incidental question is whether the power exercised by the State Government under Sec. 3(3) read with Sec. 10(3) and 15(2) of the CC Act can override Sec. 42 of the A&C Act?

(3.) Three of the five writ petitions are by M/s. M.G. Mohanty, a registered partnership firm (Petitioner No.1) and its managing partner Mr. Rajiv Lochan Mohanty (Petitioner No.2). The background facts in these three petitions are that due to the disputes between the partners of the firm i.e. Petitioner No.2 and proforma Opposite Party Nos.4 to 8, applications under Sec. 9 were filed before the District and Sessions Judge (D&SJ), Bhubaneswar. These were the Arbitration Petition Nos.56, 57 and 58 of 2020. The learned D&SJ admitted Arbitration Petition No.56 of 2020 by an order dtd. 12/11/2020 and on 17/11/2020 passed an interim order in favour of the Petitioners. He issued notice in the remaining two petitions on 2/12/2020.