AIR 2022 SUPREME COURT 5239 ::AIROnline 2022 SC 671 ::2022 (15) Scale 213 ::AIR 2022 SC (Civil) 2880

Supreme Court Of India

Hon'ble Judge(s): M. R. Shah, Krishna Murari , JJ

Commercial Courts Act (4 of 2016) , S.3(1a), S.3A, S.3, S.10, S.15, S.21— Arbitration and Conciliation Act (26 of 1996) , S.2(1)(e), S.9, S.14, S.34— Constitution of Commercial Courts - Jurisdiction in respect of arbitration matters - Designated Commercial Courts subordinate to rank of Principal Civil Judge in District has jurisdiction to hear appeals/application under Arbitration Act. Orissa Civil Courts Act (18 of 1984) , S.3(1), S.9, S.10— Interpretation of Statutes - Intention Of Legislature. In the instant case, petitioners challenging Notification D/- 13.11.2020 issued by the State of Odisha through its Principal Secretary, Law Department in establishing the Court of the Civil Judge (Senior Division) as Commercial Courts for the purposes of exercising jurisdiction and powers under the Commercial Courts Act, 2015 on ground that constituting and/or designating the Courts of Civil Judge (Senior Division) as Commercial Courts and to exercise the powers under the Commercial Courts Act would be in conflict with the provisions of S. 2(1)(e) of the Arbitration Act, 1996. Held, Designated Commercial Courts which are subordinate to the rank of Principal Civil Judge in the District has the jurisdiction to hear appeals/application under Arbitration Act. Commercial Courts Act, 2015 has been amended in the year 2018 with ....