Regular Cause List v. Parveen Akhtar & Ors.
Case at a glance
- Bench
- M A CHOWDHARY
Provisions considered
Judgment
District Judge (Bank Cases), Srinagar/ Designated Commercial Court in Execution Petition under Section 36 of the Arbitration and Conciliation Act, 1996, alleging the same to be illegal to the extent of being non-est in law and, therefore, liable to be set aside/ set at naught.
Since, the Order impugned has been passed by the Court below exercising its jurisdiction as a Commercial Court, the provisions of the Commercial Courts Act, 2015 are applicable in the matter. The Petitioner has an alternate and efficacious remedy of filing appeal under Section 13 of the Commercial Courts Act, 2015 to the Commercial Appellate Division of this Court.
In view of above, the present Petition is found to be misconceived and is liable to be dismissed in limine. The Petitioner, however, shall be at liberty to avail the statutory remedy of appeal as may be available to it under law.
Petition is, thus, disposed of on the above terms. (M. A. CHOWDHARY) JUDGE SRINAGAR December 17th, 2024 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.