Disposed

Hdfc Bank Limited through Its Authorized Signatory Sri Arup Srivastava v. Chanani Transport

Jharkhand HC17 Jan 2020Arb. Appeal/6/2018

Case brief

AI extract

What is this about?

The appellant withdrew an arbitration appeal before the High Court of Jharkhand, obtaining liberty to approach the Commercial Appellate Division. The court disposed of the appeal without adjudicating on its merits.

What did the court decide?

Arbitration appeal disposed of; IAs disposed of; liberty to approach Commercial Appellate Division granted.

Hdfc Bank Limited through Its Authorized… — Writ and Judicial Review | Jharkhand HC (2020)

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IN THE HIGH COURT OF JHARKHAND, RANCHI Arbitration Appeal No.06 of 2018

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HDFC Bank Limited …. Appellant --Versus-Chanani Transport & Anr. … Respondents

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CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Appellants : Mr. Anjani Kumar, Advocate For the Respondents : Ms. Amrita Sinha, Advocate

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11/ Dated : 17^th January, 2020

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On 18.10.2019 this matter was adjourned at the instance of the learned counsel appearing for the respondents to examine whether against the order of Commercial Court, Arbitration Appeal will lie before the High Court or not. Pursuant to that the learned counsel appearing for the respondents has filed I.A. No.10663 of 2019 wherein she has raised substantial question on maintainability of this Arbitration Appeal before this Court. For ready reference, sub-section (2) of section 10 of the Commercial Court Act, 2015 is quoted hereinbelow:

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“(2) If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that have been filed on the original side of the High Court, shall be heard and disposed of by the Commercial Appellate Division where such Commercial Appellate Division has been constituted in such High Court.”

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By referring sub-section (2) of section 10 of Commercial Court Act, 2015, she submits that it is within the jurisdiction of Commercial Appellate Division constituted by the High Court.

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At this stage, the learned counsel appearing for the appellant submits that he may kindly be permitted to withdraw this Arbitration Appeal with liberty to approach the Commercial Appellate Division under the said Act.

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Learned counsel appearing for the respondents has got no objection if the appeal is disposed of with the aforesaid liberty.

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Accordingly, the Arbitration Appeal is disposed of with the aforesaid liberty. This Court has not entered into the merits of this Arbitration Appeal. I.As. also stand disposed of.

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SI/,

Hdfc Bank Limited through Its Authorized Signatory Sri Arup Srivastava v. Chanani Transport

Case brief

What is this about?

What did the court decide?

Hdfc Bank Limited through Its Authorized Signatory Sri Arup Srivastava v. Chanani Transport

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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