Union Of India & Ors vs M/S. P.K. Naidu & Co. & Anr

S.K. Mishra, J

This transfer petition has been preferred by the Union of India and others for transfer of proceeding in ARBP No.01 of 2024, now pending in the Court of learned District Judge-cum-Principal Civil Judge, Berhampur, to the Court of learned Senior Civil Judge (Commercial Court), Cuttack, on the grounds detailed in the transfer petition.

Despite notice and sufficient opportunity, the Opposite Parties go unrepresented when the matter is called. Hence, as prayed by learned Senior Panel Counsel for the Petitioners, the matter is taken up for hearing and disposal at the stage of admission, in absence of the Opposite Parties.

Heard learned Counsel for the Petitioners.

Reiterating the grounds urged in the transfer petition, Mr. Kashyap, learned Senior Panel Counsel submits, the present Opposite Parties, who are parties to Arbitration Proceeding No. 33 of 2022, have challenged the Arbitration Award dated 12.08.2024 before learned Senior Civil Judge (Commercial Court), Cuttack, which has been registered as ARBP No.49 of 2024, whereas the self-same award has been challenged by the present Petitioners before the learned District Judge-cum-Principal Civil Judge, Berhampur, which has been registered as ARBP No.01 of 2024.

Even though it has not been specifically pleaded, Mr. Kashyap further submits, the present Petitioners have moved an application in ARBP No.49 of 2024 before the learned Senior Civil Judge (Commercial Court), Cuttack raising the issue regarding maintainability of the said proceeding on the ground of lack of territorial jurisdiction. However, in order to avoid conflicting judgments so also multiplicity of proceedings, on being advised, the Petitioners have chosen to file this transfer petition for transfer of proceeding in ARBP No.01 of 2024 from the Court of learned District Judge-cum-Principal Civil Judge, Berhampur to the Court of learned Senior Civil Judge (Commercial Court), Cuttack.

However, during hearing, learned Senior Panel Counsel undertakes to withdraw the application regarding maintainability of ARBP No.49 of 2024, now pending before the learned Senior Civil Judge (Commercial Court), Cuttack. Recording such undertaking given by the learned Senior Panel Counsel, the prayer for transfer of ARBP No.01 of 2024, pending in the Court of learned District Judge-cum-Principal Civil Judge, Berhampur to the Court of learned Senior Civil Judge (Commercial Court), Cuttack is allowed.

7.The learned District Judge-cum-Principal Civil Judge, Berhampur is directed to transmit the case record in ARBP No.01 of 2024 to the Court of learned Senior Civil Judge (Commercial Court), Cuttack at the earliest, preferably within a period of one week from the date of production of certified copy of this judgment.

On receiving the case record in ARBP No.01 of 2024 from the Court of learned District Judge-cum-Principal Civil Judge, Berhampur, the learned Senior Civil Judge (Commercial Court), Cuttack shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties.

After the case is transferred to the Court of learned Senior Civil Judge (Commercial Court), Cuttack, to avoid delay and notice, both the Parties are directed to make a query before the learned Senior Civil Judge (Commercial Court), Cuttack, themselves or through their Counsels to ascertain the date and purpose of posting of ARBP No.01 of 2024 and participate in the said proceeding.

To avoid multiplicity of proceedings so also conflicting judgements, both ARBP No.01 of 2024 and ARBP No.49 of 2024 be tried together.

With the said observation and direction, the transfer petition stands allowed and disposed of.

Office is directed to communicate a copy of this judgment to the Court of learned District Judge-cum-Principal Civil Judge, Berhampur, so also the learned Senior Civil Judge (Commercial Court), Cuttack for compliance.

Urgent certified copy of this judgment be granted on proper application as per rules.