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Govt. of India, Ministry of Shipping, Road & Highways, Department of Road Transport & Highways v/s M/s Jaiswal Ashoka Infrastructure Pvt. Ltd. & Another


Company & Directors' Information:- SHIPPING CORPORATION OF INDIA LIMITED [Active] CIN = L63030MH1950GOI008033

Company & Directors' Information:- G K S INFRASTRUCTURE LIMITED [Active] CIN = L45400DL1985PLC021038

Company & Directors' Information:- ASHOKA INFRASTRUCTURE LIMITED [Active] CIN = U45203MH2002PTC172229

Company & Directors' Information:- K D P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054780

Company & Directors' Information:- C INFRASTRUCTURE CORPORATION LIMITED [Strike Off] CIN = U61100DL1982PLC013968

Company & Directors' Information:- N K B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200HR2011PTC042402

Company & Directors' Information:- G R SHIPPING PRIVATE LIMITED [Active] CIN = U61100MH1990PTC058666

Company & Directors' Information:- L K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203711

Company & Directors' Information:- S K J INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45102MH2001PTC131284

Company & Directors' Information:- M R SHIPPING PRIVATE LIMITED [Active] CIN = U63032MH2008PTC185621

Company & Directors' Information:- A. S. INDIA LIMITED [Active] CIN = U70100MP2009PLC022300

Company & Directors' Information:- K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC056299

Company & Directors' Information:- K L N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100KA2013PTC070361

Company & Directors' Information:- C P INFRASTRUCTURE PVT LTD [Active] CIN = U45201DL2005PTC143865

Company & Directors' Information:- R P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2003PTC141340

Company & Directors' Information:- B S Y INFRASTRUCTURE PRIVATE LIMITED. [Active] CIN = U70101HR2006PTC064456

Company & Directors' Information:- G K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200GJ2005PTC046213

Company & Directors' Information:- K C R SHIPPING COMPANY LIMITED [Strike Off] CIN = U35111TN1983PLC009801

Company & Directors' Information:- G S M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2004PTC125377

Company & Directors' Information:- A V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203WB2006PTC111599

Company & Directors' Information:- HIGHWAYS TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090TN1991PTC021106

Company & Directors' Information:- G & K SHIPPING PVT LTD [Active] CIN = U67200WB1967PTC027095

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- K B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101DL2005PTC136641

Company & Directors' Information:- S N N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202KA2011PTC059893

Company & Directors' Information:- K. E. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2012PTC225658

Company & Directors' Information:- ROAD TRANSPORT COMPANY OF INDIA PRIVATE LIMITED [Active] CIN = U63090MH1995PTC094077

Company & Directors' Information:- S B M INFRASTRUCTURE LIMITED [Active] CIN = U70102CH1992PLC012381

Company & Directors' Information:- V D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400WB2008PTC122820

Company & Directors' Information:- JAISWAL TRANSPORT PRIVATE LIMITED [Active] CIN = U63040JH2020PTC015285

Company & Directors' Information:- S R S SHIPPING PRIVATE LIMITED [Active] CIN = U63090TN2006PTC059161

Company & Directors' Information:- K. G. R INFRASTRUCTURE PRIVATE LIMITED. [Strike Off] CIN = U70102DL2008PTC177822

Company & Directors' Information:- A L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2008PTC184347

Company & Directors' Information:- C. I. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203MP2005PTC018149

Company & Directors' Information:- S G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201RJ1999PTC015467

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- S A TRANSPORT INFRASTRUCTURE PVT LTD [Active] CIN = U63090WB2004PTC100667

Company & Directors' Information:- J N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201OR2008PTC009789

Company & Directors' Information:- K C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200PB2008PTC032011

Company & Directors' Information:- A K SHIPPING PRIVATE LIMITED [Active] CIN = U74120MH2011PTC225063

Company & Directors' Information:- S H A INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400UP2012PTC049795

Company & Directors' Information:- V H B INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC172682

Company & Directors' Information:- V V S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100KA2015PTC084214

Company & Directors' Information:- G. H. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45309UP2020PTC126090

Company & Directors' Information:- S B K SHIPPING PRIVATE LIMITED [Strike Off] CIN = U63090TN2000PTC045291

Company & Directors' Information:- M S A SHIPPING PRIVATE LIMITED [Active] CIN = U63010TN2008PTC068185

Company & Directors' Information:- G N R INFRASTRUCTURE (INDIA) LIMITED [Strike Off] CIN = U45200TG2009PLC065140

Company & Directors' Information:- A R K INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U74900TG2015PTC100714

Company & Directors' Information:- U V F INFRASTRUCTURE LIMITED [Active] CIN = U45400WB2010PLC153786

Company & Directors' Information:- C. A. D. INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U45201MP1997PTC012280

Company & Directors' Information:- R. S. V. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70100WB2008PTC127373

Company & Directors' Information:- P. K. SHIPPING PRIVATE LIMITED [Strike Off] CIN = U61200WB2008PTC130755

Company & Directors' Information:- D D SHIPPING PRIVATE LIMITED [Active] CIN = U63040DL1996PTC080417

Company & Directors' Information:- G T SHIPPING PRIVATE LIMITED [Strike Off] CIN = U35110MH2003PTC141432

Company & Directors' Information:- D B G INFRASTRUCTURE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45209PN2010PTC137319

Company & Directors' Information:- R P V S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203TG2011PTC072772

Company & Directors' Information:- S P H R INFRASTRUCTURE PVT LTD [Strike Off] CIN = U45209WB2006PTC109280

Company & Directors' Information:- S I S INFRASTRUCTURE PRIVATE LIMITED [Under Process of Striking Off] CIN = U70200DL2014PTC263278

Company & Directors' Information:- A S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084029

Company & Directors' Information:- P G INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP] CIN = U70109DL1996PTC084030

Company & Directors' Information:- B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084031

Company & Directors' Information:- S S M SHIPPING CO PRIVATE LIMITED [Strike Off] CIN = U61100KA1981PTC004350

Company & Directors' Information:- ASHOKA SHIPPING LIMITED [Strike Off] CIN = U63090TN1975PLC006983

Company & Directors' Information:- J B C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203PN1998PTC112753

Company & Directors' Information:- D F L SHIPPING PRIVATE LIMITED [Strike Off] CIN = U63090MH2000PTC129126

Company & Directors' Information:- H AND T SHIPPING INDIA PVT LTD [Strike Off] CIN = U63103DL2000PTC107166

Company & Directors' Information:- ASHOKA PVT LTD [Strike Off] CIN = U52339OR1981PTC001004

Company & Directors' Information:- I I C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70109DL2006PTC152588

Company & Directors' Information:- H. F. SHIPPING PRIVATE LIMITED [Active] CIN = U61200WB2012PTC171818

Company & Directors' Information:- P 3 SHIPPING PRIVATE LIMITED [Strike Off] CIN = U63000MH2009PTC189817

Company & Directors' Information:- R K SHIPPING PRIVATE LIMITED [Active] CIN = U63090MH1995PTC095086

Company & Directors' Information:- G L S SHIPPING PRIVATE LIMITED [Active] CIN = U63090MH2005PTC157110

Company & Directors' Information:- A. Y. SHIPPING PRIVATE LIMITED [Strike Off] CIN = U74120MH2014PTC254578

Company & Directors' Information:- M N A INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP] CIN = U45400TG2009PTC063947

Company & Directors' Information:- T S A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400UP2014PTC065137

Company & Directors' Information:- V B G INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70100TG2010PTC069278

Company & Directors' Information:- M N C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2011PTC077524

Company & Directors' Information:- M W INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201CH2008PTC031045

Company & Directors' Information:- M I T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC180830

Company & Directors' Information:- I K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC135711

Company & Directors' Information:- A J S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140640

Company & Directors' Information:- M R INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC143565

Company & Directors' Information:- H V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2007PTC158234

Company & Directors' Information:- R AND H SHIPPING PRIVATE LIMITED [Strike Off] CIN = U63013DL2005PTC139777

Company & Directors' Information:- B H I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101MP2012PTC029256

Company & Directors' Information:- S AND Y INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MP2013PTC031382

Company & Directors' Information:- P V R N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400HR2010PTC040311

Company & Directors' Information:- R J S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2009PTC055941

Company & Directors' Information:- B. R. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2008PTC054103

Company & Directors' Information:- T H D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200KL2012PTC032595

Company & Directors' Information:- B. S. SHIPPING PRIVATE LIMITED [Active] CIN = U63000GJ2010PTC059768

Company & Directors' Information:- A L E M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U29308GJ2020PTC118118

Company & Directors' Information:- S A L SHIPPING PVT LTD [Strike Off] CIN = U61100DL1988PTC031000

Company & Directors' Information:- N S SHIPPING PRIVATE LIMITED [Strike Off] CIN = U63090MH2000PTC126397

Company & Directors' Information:- K R T SHIPPING COMPANY PRIVATE LIMITED [Strike Off] CIN = U63032MH1995PTC091728

Company & Directors' Information:- A P M SHIPPING PRIVATE LIMITED [Strike Off] CIN = U63090MH1998PTC115991

Company & Directors' Information:- ASHOKA CORPORATION PRIVATE LIMITED [Strike Off] CIN = U19129UP1959PTC002744

Company & Directors' Information:- JAISWAL TRANSPORT COMPANY PRIVATE LIMITED [Dissolved] CIN = U99999MH1951PLC009977

    Arbitration Appeal No. 14 of 2018

    Decided On, 26 September 2019

    At, In the High Court of Bombay at Nagpur

    By, THE HONOURABLE MR. JUSTICE A.S. CHANDURKAR

    For the Appellants: S.G. Loney, Counsel. For the Respondents: R1, S. Bajaj, C.S. Dhore, Counsels.



Judgment Text

Oral Judgment:

1. ADMIT. Heard finally with consent of counsel for the parties.

2. This appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, ‘the said Act’) takes exception to the judgment dated 21.03.2018 passed by the learned Principal District Judge on the application filed under Section 34 of the said Act. By the said judgment, the challenge as raised to the award dated 29.07.2011 has been turned down.

3. It is not necessary to refer to the facts of the proceedings in detail. Suffice it to observe that an application under Section 34 of the said Act was filed by the appellant on 17.10.2011. When the said application was pending before the learned Principal District Judge, the provisions of the Commercial Courts Act, 2015 (for short, ‘the Act 2015’) came into force. By virtue of provisions of Section 15(2) of the Act of 2015, all suits and applications including applications under the said Act were liable to be transferred to the Commercial Court from the Civil Court where they were pending. The application under Section 34 of the said Act was not transferred as required but was decided by the Civil Court on 21.03.2018 instead of the Commercial Court. Hence, Shri S.G. Loney, learned counsel for the appellants after amending the memorandum of appeal raised an objection to the impugned judgment by submitting that the learned Principal District Judge had no jurisdiction to entertain the proceedings under Section 34 of the said Act in view of the provisions of Section 15(2) of the Act of 2015. In that regard, he referred to the decision in M/s D.M. Corporation Pvt. Ltd. Versus The State of Maharashtra & Others [2018(4) Mh.L.J. 457]. He submitted that even if the parties did not apply for transfer of the proceedings to the Commercial Court, it was not permissible for the Civil Court to have adjudicated the proceedings. It was also submitted that the notification dated 30.06.2016 was issued by the Law & Judiciary Department of the State of Maharashtra constituting Commercial Courts in each district. Hence, after that date, the “Court” lost the jurisdiction to entertain the proceedings which was vested with the Commercial Court. It was thus a case of exercise of jurisdiction not vested in the “Court”.

4. On the other hand Shri S. Bajaj, learned counsel for the respondent no.1 submitted that after having participated in the proceedings under Section 34 of the said Act and having suffered the impugned order, it was not permissible for the present appellants to raise such an objection. Despite the fact that the provisions of the Act of 2015 came into force, the appellants did not take any steps whatsoever to have the proceedings transferred. He referred to the provisions of Section 15(5) of the Act of 2015 to submit that even if no application for such transfer was made, it was for the High Court to direct such transfer. In that regard, the learned counsel placed reliance on the decision in Municipal Commissioner, Calcutta & Others Versus Salil Kumar Banerjee & Others [(2000) 4 SCC 108] and submitted that the impugned order deserves to be examined on merits. Without prejudice to the aforesaid, it was submitted that the respondent no.1 had moved an application under Section 9 of the said Act and relief had been granted therein which was still operating. If it was held that the “Court” had no jurisdiction in the present proceedings, the effect of the order passed under Section 9 of the said Act would be taken away.

5. I have heard the learned counsel for the parties and I have given due consideration to their respective submissions. It is seen that the proceedings under Section 34 of the said Act were filed on 17.10.2011. When those proceedings were pending the provisions of the Act of 2015 came in force. In view of Section 15(2) of the Act of 2015, suits and applications in relation to a commercial dispute pending in any Civil Court were liable to be transferred to the Commercial Court. Under the proviso to Section 15(2) of the Act of 2015 only those cases where final judgment was to be passed were permitted to be dealt with by the Court. It is thus clear that with the coming into force of the Act of 2015, the “Court ceases to have jurisdiction to entertain an application under the provisions of the said Act in relation to a commercial dispute of a specified value. It is not in dispute between the parties that the proceedings related to a commercial dispute of the specified value. Hence, it is clear that after 23.10.2015, the “Court” ceased to have jurisdiction to proceed with the application under Section 34 of the said Act. Though it is submitted on behalf of the respondent no.1 that the appellants without any protest or objection pursued the application filed under Section 34 of the said Act, the same would not preclude the appellants from raising the question of jurisdiction. The present objection is based on lack of inherent jurisdiction of the “Court” and exclusive jurisdiction being vested with the Commercial Court. Hence, consent/implied consent or failure to object to jurisdiction or even acquiesce cannot clothe the “Court” with jurisdiction which was taken away from it by virtue of Section 15(2) of the Act of 2015. Hence, the judgment relied upon in the case of Municipal Commissioner, Calcutta & Others (supra) does not assist that contention. The proceedings are therefore decided by a Court not having jurisdiction and hence fresh consideration of the same in the light of provisions of the Act of 2015 is warranted.

6. It is not in dispute that an order under Section 9 of the said Act is operating between the parties. The said order is dated 12.11.2018. As a result of the present adjudication, that order would also become vulnerable on the aspect of jurisdiction. In the facts of the case therefore, by permitting that order to operate for a period of six weeks from today, the respondent no.1 can be permitted to apply afresh under Section 9 of the said Act before the Commercial Court and seek appropriate reliefs.

7. Accordingly, the following order is passed:-

I. The judgment dated 21.03.2018 in Civil Miscellaneous Application No.55 of 2012 dated 21.03.2018 is set asi

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de for the aforesaid reasons. II. The appellants are at liberty to challenge the award dated 29.07.2011 by approaching the Commercial Court within a period of six weeks from today. The order dated 12.11.2018 passed under Section 9 of the said Act shall continue to operate for a period of six weeks from today within which period, the respondent no.1 is free to seek appropriate reliefs under Section 9 of the said Act before the Commercial Court. III. It is clarified that this Court has not examined the correctness of the impugned order. All the points raised on merits are kept open. 8. The Arbitration Appeal is allowed in the aforesaid terms. No order as to costs.
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