State Of Jharkhand vs M/S Alok Coal Agency
2023 Latest Caselaw 3586 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
              Arb. Appeal No. 26 of 2019
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State of Jharkhand, Subarn Rekha Canal Division, Dimna Road, P.O. & P.S. -Mango, Jamshedpur, Eastsinghbhum through its Executive Engineeer namely Dip Narayan Mandal ... Appellant Versus M/s Alok Coal Agency, having its Office at -Vikash Bhawan, Bariyatu Road, P.O. & P.S. -Bariyatu, District -Ranchi, Jharkhand ... Respondent

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Ashutosh Anand, A.A.G -III

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Order No.06 Dated- 20.09.2023

Heard the parties.

Perusal of the record reveals that this arbitration appeal has been filed against the judgment and order passed by the District Judge-I- cum-Commercial Court, East Singhbhum at Jamshedpur in Misc. Arbitration Case No. 29 of 2007 dated 02.02.2019. As per Section 13(1A) of the Commercial Courts Act, 2015, the appeal will lie before the Commercial Division of the High Court and as per Rule 84 (z10) a 'Commercial Appeal' is to be filed instead of the Arbitration Appeal. An arbitration appeal is not maintainable against the order/judgment passed by the Commercial Court. Instead of filing the Commercial Appeal as envisaged under Rule 84(z10), the appellant has filed an Arbitration Appeal which is not maintainable.

Accordingly, this appeal is dismissed being not maintainable. The appellant is at liberty to file a commercial appeal, if so advised, subject to limitation to be considered by the appropriate bench.

In view of disposal of this appeal, interlocutory applications filed in connection with this arbitration appeal are disposed of being infructuous.

(Anil Kumar Choudhary, J.) Sonu/Gunjan-