HON'BLE SRI JUSTICE P.NAVEEN RAO
AND
HON'BLE SRI JUSTICE J.SREENIVAS RAO
COMMERCIAL COURT APPEAL NO.11 OF 2022
Date:12.12.2022
Between:
Tanla Platforms Limited,
(Formerly known as Tanla Solutions Limited),
A company incorporated under the Companies Act, 1956
Having its registered office at Tanla Technology Centre,
Hitech City Road, Madhapur Hyderabad 500 081,
Telangana
Rep., by its authorized signatory Ms. Seshanuradha Chava,
D/o.Capt. D.Chalapathi, Aged 49 yrs,
Occu : General Counsel & Chief Regulatory Officer,
Authorized vide Board Resolution dated May 19, 2021
.....Appellant
And
Teledgers Technology Private Limited,
(formerly known as Pennybase Technology
Solutions Private Limited),
Incorporated under the Companies Act, 2013,
Having its registered office at Creator Gurukul
DLF Phase 2, Gurgaon, Haryana 122103,
Rep., by its Managing Director & others
.....Respondents
The Court made the following:
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HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SRI JUSTICE J.SREENIVAS RAO COMMERCIAL COURT APPEAL NO.11 OF 2022 JUDGMENT: (Per Hon'ble Sri Justice P.Naveen Rao) This appeal is preferred challenging the order dated 05.11.2021 passed by the Special Court for Trial and Disposal of Commercial Disputes at Hyderabad in C.O.P.No.35 of 2021 filed under Section 9 of the Arbitration & Conciliation Act, 1996 (for short 'the Act, 1996') praying to grant interlocutory reliefs pending arbitral proceedings. After this order was passed, the appellant herein also filed application under Section 17 of the Act, 1996 before the Arbitrator on 16.05.2021. The Court is informed that the said application is pending consideration of the Arbitrator.
2. Learned Senior Counsel appearing for the appellant fairly submits that since the appellant has already filed an application under Section 17 of the Act, 1996 before the Arbitrator and the same is pending consideration, the appellant does not intend to press the present appeal. However, he expressed apprehension that since certain findings are recorded by the Commercial Court, they may come in the way of submissions being urged before the Arbitrator and the decision of the Arbitrator.
3. Both counsel fairly submits that in several places in the order of Commercial Court, it is clearly stated that the issues urged are -3- within the purview of Arbitrator and it is for the Arbitrator to take the decision. However, when it comes to the decision on Section 9 application, the trial Court has recorded the reasons in support of the decision.
4. Having regard to the fair submission of learned Senior Counsel appearing for the appellant, we intend to dispose of the appeal without entering into merits granting liberty to the appellant to pursue the pending application filed under Section 17 of the Act, 1996 before the Arbitrator. We also make it clear that the Arbitrator is entitled to consider the said application on its merits after appreciating the submissions of the respective parties uninfluenced by the findings recorded by the Commercial Court in C.O.P.No.35 of 2021.
5. Accordingly, the Commercial Court Appeal is disposed of. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J _______________________ J.SREENIVAS RAO, J 12th December, 2022 Rds