Jharkhand High Court
Globe Roadways Pvt. Ltd. A Company Duly ... vs Tenughat Vidyut Nigam Limited And ... on 22 January, 2025
Author: Anubha Rawat Choudhary
Bench: Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 156 of 2024
With
I.A. No. 736 of 2025
Globe Roadways Pvt. Ltd. a company duly incorporated under the
Companies Act, 1956 ... ... Appellant
Versus
Tenughat Vidyut Nigam Limited and others
... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Appellant : Mr. Pandey Neeraj Rai, Advocate
For the Respondents : Mr. Atul Rai, Advocate
: Mr. Manish Kumar, Advocate
:
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06/22.01.2025 An interlocutory application being I.A. No. 736 of 2025 has
been filed by the respondents questioning the maintainability of the
present appeal. He submits that the impugned judgment has been
passed by Commercial Court constituted under the provisions of
Commercial Courts Act, 2015 and has referred to the Notification
issued by the State Government which is as under:-
:Notification:
In exercise of the power conferred by section 6 of The Commercial
Courts, Commercial Appellate Division of High Courts (Amendment)
Act, 2018, the State Government of Jharkhand, in consultation with
the High Court of Jharkhand, Ranchi superseding the previously
issued Notification No.-1476, dated-29.06.2016 and Notification No
1220, dated 24.05.2016 of Law Departent, Jharkhand, Ranchi on the
subject, is hereby pleased to:-
1. Constitute 01 (one) Court of the Civil Judge (Senior
Division) in each district of the State of Jharkhand, as a
Commercial Court to exercise original jurisdiction in
respect of commercial disputes where the value of the suit
or dispute is not less than Rs 3 (three) Lacs and up to Rs.
1(one) Crore;
2. Constitute 01 (one) Court of the District Judge in each
district of the State of Jharkhand, as a Commercial Court
to exercise original jurisdiction In respect of commercial
disputes where the value of the suit or dispute exceeds Rs.
1 (one) Crore,
3. Designate the Court of District Judge in each district as
Commercial Appellate Court to exercise appellate
jurisdiction and dispose of the appeals arising out of the
judgements and orders passed by a Commercial Court
below the level of the District Judge;
4. The deputed Officers shall execute above assignment in
addition to their allotted work, and
5. The territorial jurisdiction of these courts shall be the
local limits of the concerned District."
2. As per the Notification contained in Annexure-1, the learned
counsel for the respondents submits that a Commercial Court has been
constituted of Civil Judge (Senior Division) in each district as a
Commercial Court to deal with matters of commercial disputes which
are of value not less than Rs. Three lakhs and up to Rs. One Crore.
One Commercial Court of District Judge in each District to act as
Commercial Court to exercise original jurisdiction in respect of
Commercial dispute where value of the suit exceeds one crore.
3. He has also submitted that as per the notification, the District
Judge in each district as Commercial Appellate Court has been
designated to exercise appellate jurisdiction and dispose of appeals
arising out of judgments and orders passed by Commercial Court
below the level of the District Judge. He has submitted that in order to
entertain an appeal comprising of District Judge under commercial
courts , there is no pecuniary jurisdiction prescribed and therefore all
the appeals arising out of judgments of Commercial Court of Civil
Judge (Senior Division) would lie before the Commercial Appellate
Court headed by the District Judge. He submits that the First Appeal is
not maintainable. He has also submitted that the office has not pointed
out such a defect with regard to maintainability of the First Appeal.
4. The learned counsel for the appellant prays for time till
04.02.2025 to file an appropriate petition.
5. Post this case on 05.02.2025 in the supplementary cause list.
(Anubha Rawat Choudhary, J.)
Binit
