LAWS(TLNG)-2024-7-36

SHARADA DEVI KADIA Vs. KISNA AVENUES PVT. LTD.

Decided On July 16, 2024
Sharada Devi Kadia Appellant
V/S
Kisna Avenues Pvt. Ltd. Respondents

JUDGEMENT

(1.) The Civil Revision Petition arises out of an impugned docket order passed by the Trial Court on 3/4/2024 on an application filed by the petitioners herein for impleading certain parties as respondents in the Arbitration Original Petition (ARB.O.P.No.13 of 2023).

(2.) The impugned order however discusses the nature of the dispute between the petitioners (also petitioners in the Trial Court) and the respondents and concludes that the dispute between the parties is not a commercial dispute and the Court accordingly has jurisdiction to entertain the petition.

(3.) We should clarify that the parties in the Civil Revision Petition have argued on the nature of the dispute, that is, whether the dispute is a "Commercial Dispute" as defined under the provisions of The Commercial Courts Act, 2015, and whether the Trial Court, not being a designated Commercial Court, had the jurisdiction to entertain the petitioners' application for addition of parties. In essence, learned counsel appearing for the petitioners argues that the learned Ist Additional District Judge, Ranga Reddy District at L.B. Nagar, did not have jurisdiction to entertain the petition since it is not a "Commercial Court" as defined under Sec. 2(1)(b) and 3(1) of the 2015 Act, while learned counsel appearing for the respondents urges otherwise.