Tanta Platforms Limited vs Teledgers Technology Private ...
2022 Latest Caselaw 6705 Tel

              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:

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

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