Y.Jaihind Reddy vs Nis Meenakshi Infrastructures Pvt. Ltd ...
2025 Latest Caselaw 790 Tel

Telangana High Court

Y.Jaihind Reddy vs Nis Meenakshi Infrastructures Pvt. Ltd ... on 3 January, 2025

  THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE

                               AND

     THE HON'BLE SRI JUSTICE J.SREENIVAS RAO


       COMMERCIAL COURT APPEAL No.43 of 2021


JUDGMENT:

(Per the Hon'ble the Chief Justice Alok Aradhe)

Mr. J.Prabhakar, learned Senior Counsel

representing Mr. Ragolla Harish, learned counsel for the

appellant.

Mr. Srinivas Velagapudi, learned counsel for

respondent No.1.

2. With consent of learned counsel for the parties,

the appeal is heard finally.

3. This appeal under Section 13(1)(A) of the

Commercial Courts Act, 2015 has been filed against an

order dated 05.10.2021 passed by the Special Judge for

Trial and Disposal of Commercial Disputes, Ranga Reddy

District, at L.B.Nagar (hereinafter referred to as 'the

Commercial Court') in I.A.No.246 of 2021 in C.O.P.No.5 of ::2::

2021, by which application preferred by the appellant

under Order VII Rule 11 of Code of Civil Procedure, 1908 in

a petition filed by the respondent under Section 9 of the

Arbitration and Conciliation Act, 1996 (hereinafter referred

to as 'the Act') has been rejected.

4. Learned Senior Counsel for the appellant

submits that the petition under Section 9 of the Act filed by

respondent No.1 is still pending. It is therefore submitted

that the appellant be granted the liberty to urge the

contention with regard to maintainability of the petition

under Section 9 of the Act while arguing the petition itself

and the appeal be disposed of with a direction to the

Commercial Court to decide the petition filed by

respondent No.1 expeditiously.

5. The aforesaid prayer has not been opposed by

learned counsel for respondent No.1.

6. In view of aforesaid submissions and in the

facts and circumstances of the case, the appeal is disposed

of with the direction to the Commercial Court to decide the ::3::

petition filed by respondent No.1 under Section 9 of the Act

expeditiously, preferably within a period of one (01) month

from today. Needless to state that it will be open for the

appellant to raise an objection with regard to

maintainability of the petition under Section 9 of the Act on

the ground of jurisdiction and the Commercial Court shall

decide the issue with regard to jurisdiction without the

influence of the observations contained in the order dated

05.10.2021. It is further made clear that this Court has

not expressed any opinion on merits of the claim of the

parties.

7. Accordingly, the appeal is disposed of.

Miscellaneous applications, if any pending, shall

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

_______________________________ ALOK ARADHE, CJ

_______________________________ J.SREENIVAS RAO, J Date: 03.01.2025 Note:Issue C.C. today.

(B/o.) KL