LISA GILL,J. - (1.) This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.
(2.) Challenge in this revision petition is to order dated 28.10.2020 (Annexure PI) passed by the learned Additional District Judge, Karnal whereby petition under Section 29-A of the Arbitration and Conciliation Act, 1996 (for short, the Act') filed by respondent No.1 on 23.10.2020 is treated to have been instituted on 07.10.2020 pursuant to order dated 06.10.2020 (Annexure P5) passed by the learned District Judge, Karnal.
(3.) Brief facts necessary for adjudication of the matter are that, dispute between the petitioner and respondent No. 1 was referred to arbitration without intervention of court. An application under Section 29-A of the Act for extension of time was moved by respondent No.1 after receipt of communication dated 01.01.2020 from the Arbitrator to the effect that Arbitral Tribunal had become functus officio after expiry of six months. The said application was filed before the learned District Judge, Karnal. Present petitioner filed an application under Section 19 of the Act and Order 7 Rule 11(d) read with Section 151 CPC for dismissal of the petition, inter alia, claiming that the said petition could be instituted before the Commercial Court only. Learned counsel for respondent No.1 suffered a statement on 06.10.2020 to the effect that without conceding on merits of the application for rejection of plaint, he would have no objection in case the application under Section 29-A of the Act for extension of time is returned to be presented before Commercial court of appropriate jurisdiction at Karnal. In view of the said statement, learned District Judge, Karnal vide order dated 06.10.2020 (Annexure P5) ordered return of the petition to be presented before the competent Commercial Court at Karnal and parties were directed to appear before the said court on 07.10.2020. Counsel for respondent No.1, on appearance before the said court on 07.10.2020, sought permission to file a formal petition in view of the provisions of the Commercial Courts Act, 2015 which was granted. Petition in conformity with said provision was accordingly filed on 23.10.2020. Copy of order dated 07.10.2020 is Annexure P7 with this petition.;