Bevcon Wayors Private Limited vs Gopalpur Ports Limited
2022 Latest Caselaw 1194 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                  AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI



                     COMCA No.5 of 2022

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


      The present appeal is arising out of an order

dated 28.02.2022 in C.O.P.No.11 of 2021 passed by

the learned Special Judge for Trial & Disposal of

Commercial      Disputes,          Ranga        Reddy         District      at

L.B.Nagar.

      The facts of the case reveal that an application

was preferred by the appellant herein under Section 9

of the Arbitration and Conciliation Act, 1996, before

the trial Court and the trial Court has held that it is

not    having    the      territorial       jurisdiction         and       the

application has to be preferred in the State of Odisha,

before the Court having territorial jurisdiction in the

matter.

      Learned      Senior        Counsel         Sri      Vivek          Reddy

appearing for the appellant has fairly stated before this
                             2




Court that he be permitted to withdraw the present

appeal with a liberty to file a fresh application under

Section 9 of the Arbitration and Conciliation Act, 1996,

before the Court having jurisdiction in the matter in

Odisha.   However, he has made a prayer that the

respondents be restrained from encashing the bank

guarantee for a period of fifteen days.

Learned counsel for the respondents is gracious

enough in accepting the aforesaid prayer.

Therefore, for a period of fifteen days, there will

be no encashment of the bank guarantee. The trial

Court dealing with the application under Section 9 of

the Arbitration and Conciliation Act, 1996, shall not be

prejudiced by the order passed by the learned Special

Judge for Trial & Disposal of Commercial Disputes,

Ranga Reddy District at L.B.Nagar, and shall be free to

pass appropriate orders in accordance with law.

With the aforesaid, the present appeal is disposed

of as withdrawn.

The miscellaneous applications pending, if any,

shall stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J

16.03.2022 vs