SHRACHI DEVELOPERS PVT. LTD. Vs. BIDYUTLATA MAHAPATRA

JUDGEMENT

(1.) Mr. Dash, learned advocate appears on behalf of petitioner (company). He submits, his client entered into a joint venture. The joint venture partners are the widow and sons, who are award debtors. Between them they challenged the award in the Commercial Court, Bhubaneswar. One of them filed two applications saying he had not joined in the challenge and, therefore, the challenge should be dismissed and secondly, that in any event he should be transposed as respondent, in the challenge.

(2.) Mr. Dash submits, it would appear from impugned orders dtd. 16/12/2022 and 5/1/2023 that the transposition petition was dealt with by the former, allowing it but recalled by the latter, on noticing that the transposition application had prior thereto been dismissed as not pressed. However, acting on the memo filed for recalling the order in respect of the transposition application, the other application for dismissal of the challenge, was also dealt with.

(3.) On query from Court Mr. Dash submits, apart from that there having been appointment of arbitrator by the Calcutta High Court, application for interim measure was also made to that Court. As such, Sec. 42 in Arbitration and Conciliation Act, 1996 confers jurisdiction on Calcutta High Court as the first Court approached. The challenge petition in the Commercial Court is being heard without said Court having jurisdiction.