VidhiSangh

Supreme Court of India · 19/10/2022

JAYCEE HOUSING PVT. LTD. & ORS. versus REGISTRAR (GENERAL), ORISSA HIGH COURT, CUTTACK & ORS

[2022] 15 S.C.R. 800 · 2022 INSC 1119

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Summary

Odisha, after consulting the Orissa High Court, notified Courts of Civil Judge (Senior Division) as Commercial Courts under the Commercial Courts Act, 2015, and the appellants' Section 34 arbitration petitions were transferred there from the District Judge. They argued that Section 2(1)(e) of the Arbitration Act confines arbitration matters to the principal civil court of original jurisdiction and excludes inferior courts. The Supreme Court upheld the notification. The 2015 Act is later in time, aims at speedy disposal of commercial disputes including arbitration, and through Sections 3, 10, 15 and 21 routes domestic arbitration applications that would ordinarily lie before the principal civil court to the Commercial Court, with overriding effect. The contrary reading would make those provisions otiose and create two fora.

Issues

  1. Whether, under Section 3 of the Commercial Courts Act, 2015, a State can confer jurisdiction to hear applications under Sections 9, 14 and 34 of the Arbitration and Conciliation Act, 1996 on Commercial Courts below the rank of the principal civil court of the district, despite Section 2(1)(e) of the 1996 Act.

Provisions considered

Held

Result

Appeals dismissed; the High Court's dismissal of the writ petitions upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 800.