LOKESH ANAND SINGHAL Vs. PRIDE REALTY

JUDGEMENT

(1.) Heard Mr. N. Alam, the learned counsel for the appellants. Also heard Mr. B.D. Deka, the learned counsel for the Caveator/respondents.

(2.) This appeal under Sec. 37(1)(b) of the Arbitration and Conciliation Act, 1996 has been filed by the appellants impugning the judgment and order dtd. 17/2/2026, passed in Misc. Arbitration Case No. 205/2024, by the Court of learned Civil Judge (Senior Division) No. 1, Kamrup(M) at Guwahati, by which the application filed by the respondents under Sec. 9 of the Arbitration and Conciliation Act, 1996 was allowed.

(3.) When this appeal came up for admission hearing on 24/3/2026, the learned counsel for the Caveator/respondents, namely, Mr. B. D. Deka, raised the question of maintainability of this appeal before this Courtin view of the provisions contained in Sec. 37 of the Arbitration and Conciliation Act, 1996 as well as Sec. 10(3) of the Commercial Courts Act, 2015. He has also brought to the notice of this Court the notification issued by Government of Assam on 13thof February,2019, whereby all the Courts of Civil Judges, Senior Division were designated as Commercial Courts, as well as all the District Judges of Assam were designated as Appellate Court at district level under Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts (amendment) Ordinance, 2018.