Petitioner challenged proceedings by a private financier, contending the Delhi Commercial Court lacked jurisdiction over the respondent's Section 9 application. The court declined to address jurisdiction, holding the writ petition not maintainable against a private party in a civil dispute, and closed it without prejudice.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946
WP(C) NO. 24837 OF 2024
PETITIONER:
SONI MATHEW,
AGED 46 YEARS,
S/O MATHEW, PROPRIETOR, STM LABS, NEAR MEDICAL COLLEGE
HOSPITAL, VANDANAM,ALAPPUZHA DISTRICT- 688005. RESIDING
AT KARIYIL PUTHENPARAMBU, THYCHIRA ROAD, NEAR ORSALAM
CHURCH, ALAPPUZHA, PURAKKAD, ALAPPUZHA, PIN - 688561
BY ADV MUJAHID Y
RESPONDENT:
CLIX CAPITAL SERVICES P LTD
PLOT NO.23, 5TH FLOOR, AGARWAL CORPORATE CENTRE, GOVIND
LAL SIKKA MARG, RAJENDRA PLACE, NEW DELHI REPRESENTED
BY ITS AUTHORIZED OFFICER ATUL BANSAL, PIN – 110008
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24837 OF 2024
2
JUDGMENT
The learned counsel for the petitioner submits that the Commercial Court at Delhi, where an application under Section 9 of the Arbitration and Conciliation Act, 1996 is filed by the respondent, does not have jurisdiction and hence the writ petition is maintainable. The said contention need not be addressed, since the writ petition is not maintainable otherwise also, the respondent being a private entity and the dispute being purely civil in nature.
The writ petition is hence closed, without prejudice to the petitioner’s right to resort to other remedies.
Sd/-
V.G.ARUN
JUDGE
msp
WP(C) NO. 24837 OF 2024
3
APPENDIX OF WP(C) 24837/2024
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE BANK STATEMENT DATED
26.06.2024 EVIDENCING THE REPAYMENT
Exhibit P2TRUE COPY OF THE RECEIPTS OF REPAYMENT OF THE
LOAN
Exhibit P3TRUE COPY OF THE RECALL NOTICE DATED
16.05.2024 ISSUED BY THE RESPONDENT TO THE
PETITIONER
Exhibit P4TRUE COPY OF THE RECALL NOTICE DATED
22.12.2023 ISSUED BY THE RESPONDENT TO THE
PETITIONER
1 issue framed by the court
Whether the writ petition is maintainable against a private entity in a purely civil dispute, given a pending Section 9 application before the Delhi Commercial Court.
1 provisions across 1 enactments
Soni Mathew
Clix Capital Services P Ltd
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court