Kerala High Court
Tisha Ship Management Pvt Ltd vs Alphatech I Pte Ltd on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
OP(C) NO. 1937 OF 2021
PETITIONER/RESPONDENT NO.1
M/S.TISHA SHIP MANAGEMENT PVT LTD
DOOR NO.TR/62/452, A1, 'LAKSHMY', GROUND FLOOR,
VISHNU VIHAR, WARRIAM ROAD SOUTH, KOCHI - 682
016. REPRESENTED BY ITS MANAGING DIRECTOR
K.P.BENNY ROHAL.
BY ADVS.
JOY THATTIL ITTOOP
BIJISH B.TOM
NEVIS CASSANDRA L CAXTON LORETTA
JACOB TOMLIN VARGHESE
BABY SONIA
RESPONDENTS/PETITIONER & RESPONDENT NO.2
1 M/S.ALPHATECH I PTE LTD,
21, BUKIT BATOK CRESCENT, # 23-73 WEEGA TOWER,
SINGAPORE - 658 065
REPRESENTED BY ITS MANAGING DIRECTOR
MR.PHILIP ALEXANDER.
2 M/S.DN5 MARINE PVT. LTD.
19, CORONATION BUILDING, GOA STREET, SBS ROAD,
BALLARD ESTATE, CST, MUMBAI - 400 038.
REPRESENTED BY ITS MANAGING DIRECTOR MR.HARISH
KUMAR NAIDU.
ADV.LIJU V.STEPHEN FOR R1
ADV.INDU SUSAN JACOB FOR R1
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
A. BADHARUDEEN, J.
================================
O.P(C).No.1937 of 2021
================================
Dated this the 2nd day of November, 2021
JUDGMENT
This Original Petition arises out of interim orders dated
12.10.2021 in I.A.No.2/2021 and I.A.No.3/2021 in C.M.A
(Arbitration) No.528/2021 on the files of Commercial Court,
Ernakulam. The petitioner in this Original Petition is the 1 st
respondent before the Commercial Court and the petitioner and
respondent No.2 therein are the respondents herein.
2. This Original Petition has been filed raising contention
to the effect that Exts.P1 to P3 applications are not maintainable
before the Commercial Court and the Commercial Court went
beyond its jurisdiction by entering such applications. The specific
challenge raised herein is that the Commercial Court does not
have jurisdiction in this matter since the matter involved is a
dispute of international arbitration. Though the matter is heard at
length, and the learned counsel for the petitioner apprised to
decide the question of jurisdiction, going by the facts of this case
it appears that the 1st respondent herein filed C.M.A (Arbitration)
before the Commercial Court and the Commercial Court passed
interim order of attachment and injunction, thereby
Rs.1,51,15,826/- at the hands of the garnishee was attached. An
interim order of injunction also was passed, thereby the garnishee
was restrained from making any further payments to the 1st
respondent.
3. The learned counsel for the petitioner would fairly
submit that the petitioner is facing difficulty and on each day he
has been spending $50000 because of the order passed by the
Commercial Court.
4. Coming to the crux of this matter, a decision in the
matter of question of jurisdiction and a decision on merits in
I.A.Nos.2 and 3 of 2021 in C.M.A(Arbitration) No.528/2021
wherein interim exparte orders were passed by the Commercial
Court is warranted. Since this Court is not inclined to decide
those issues and this Court finds it better to be decided by the
Trial Court, I am of the view that the matter in dispute can be
resolved by giving direction to the Commercial Court or the
Judge in charge of the Commercial Court to decide the question
of jurisdiction and also to decide I.A.Nos.2 and 3 of 2021 in
C.M.A(Arbitration) No.528/2021 along with I.A.Nos.6/2021 and
7/2021 in C.M.A(Arbitration) No.528/2021.
5. Therefore, this Original Petition is disposed of
directing the Commercial Court or the Judge, who is holding
charge of the Commercial Court at present, to hear the above
petitions and decide the question of jurisdiction as well,
preferably within 7 days taking note of the loss apprehended by
the petitioner herein and, at any rate, within two weeks from
today. It is specifically ordered further that the original petitioner
before the trial court/1st respondent herein also must file objection
to the petitions filed at the instance of the original petitioner
herein within 3 days, so as to facilitate the Commercial Court to
decide the issue within the time frame fixed by this Court.
With the above observations and directions this Original
Petition will stand disposed of.
Issue copy today itself.
Sd/-
(A. BADHARUDEEN, JUDGE)
rtr/
APPENDIX OF OP(C) 1937/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE MEMORANDUM OF
C.M.A.(ARBITRATION) NO.528 OF 2021
FILED BY THE 1ST RESPONDENT.
Exhibit P2 THE TRUE COPY OF THE INTERIM
ATTACHMENT/GARNISHEE PETITION (I.A.NO.2
OF 2021) FILED BY THE 1ST RESPONDENT.
Exhibit P3 THE TRUE COPY OF THE INTERIM INJUNCTION
PETITION (I.A.NO.3 OF 2021) FILED BY
THE 1ST RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS DTD.
12/10/2021 IN C.M.A.(ARBITRATION)
NO.528 OF 2021 AND CONNECTED I.A.NO.2
OF 2021 AND I.A.NO.3 OF 2021 OBTAINED
FROM THE E-COURTS WEBSITE.
Exhibit P5 THE TRUE COPY OF THE ADVANCE PETITION
(I.A.NO.6 OF 2021) FILED BY THE
PETITIONER.
Exhibit P6 THE TRUE COPY OF THE PETITION TO HEAR
THE ISSUE OF MAINTAINABILITY AND
JURISDICTION AS PRELIMINARY ISSUES
(I.A.NO.7 OF 2021) FILED BY THE
PETITIONER.
Exhibit P7 THE TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONER IN C.M.A.
(ARBITRATION) NO.528 OF 2021.
Exhibit P8 THE TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER TO THE INTERIM
ATTACHMENT/GARNISHEE PETITION I.A.NO.2
OF 2021).
Exhibit P9 THE TRUE COPY OF THE OBJECTION FILED BY
THE PETITIONER TO THE INTERIM
INJUNCTION PETITION (I.A.NO.3 OF 2021).
