- (1.) This writ petition is under Article 226 and 227 of the Constitution of India, whereby and whereunder the following prayers have been made:- I. To set aside the impugned order dated 02.06.2018, (Annexure-16, hereto), admitting the Commercial Execution Case No: 03 of 2018 (M/s Pioneer Industries- Vs- M/s Heavy Engineering Corporation Limited) of the Court of Sri. Rajeev Anand, the learned Presiding Officer, Commercial Court, Ranchi; II. To quash the summon dated 11.06.2018 and the execution petition enclosed with the summon issued in Commercial Execution Case No: 03 of 2018, (Annexure-15 [Series], hereto); III. To quash the entire proceeding of Commercial Execution Case No: 03 of 2018, as contained in execution petition filed under Order-XXI, Rule-11 of Civil Procedure Code, 1908, to execute the aforesaid Award dated 07.02.2017, pending in the Court of Sri. Rajeev Anand, the learned Presiding Officer, Commercial Court, Ranchi; IV. To set aside the impugned order dated 13.02.2019, (Annexure-20), passed in Commercial Execution Case No: 03 of 2018 by Sri. Rajeev Anand, Presiding Officer, Commercial Court, Ranchi, whereby, it has rejected the prayer made in the petition dated 10.10.2018, a Preliminary Show Cause and subsequent objection of the petitioner dated 23.01.2019 under Order-XXI, Rules-5 and 11 read with Section-151 of the Code of Civil Procedure, 1908. V. The impugned Order/Award dated 07.02.2017 (Annexure-11) passed by the Respondent No.4 in M.S.E.F.C. Case No: 13 of 2015, whereby and whereunder the petitioner was ordered to pay the principal amount of Rs.22,36,386.00 along with the interest amount of Rs.90,46,635.00, calculated up to 31.10.2015 and further compound interest with monthly rest @ three times of the Bank Rate, as notified by the Reserve Bank of India from time to time till realization of the dues; VI. To set aside/quash the impugned order dated 05.12.2018, (annexure-14), passed in M.S.E.F.C. Case No: 13 of 2015, by the Council on the application of the writ petitioner dated 28.03.2017, (Annexure-12, hereto), whereby and whereunder the Council has rejected the prayer of the writ petitioner to correct and recall the order dated 07.02.2017, (Annexure-11).
(2.) The brief facts of the case of the petitioner as per the pleading made in the writ petition is that the petitioner, Heavy Engineering Corporation Limited, was in need of certain fabricated items and for that purpose, a tender enquiry being Tender Enquiry No: HMBP/CED/PUR/99/04/09/018 OPN-061 dated 13.08.2010 for supply of goods indicated in the said tender enquiry. The work order has been issued in favour of the respondent no.3 and after performing the work, the bill has been submitted but money has not been paid, therefore, the same has been agitated by the respondent no.2 namely M/s Pioneer Industries, Sundergarh by invoking the jurisdiction of Section 18 to the Micro, Small and Medium Enterprises Development Act , 2006, upon which, an order/award has been passed being registered as M.S.E.F.C. Case No.13 of 2015 on 07.02.2017, wherein the Heavy Engineering Corporation Limited, Ranchi was ordered to pay the principal amount of Rs.22,36,386.00/- along with the interest amount of Rs.90,46,635.00/- calculated up to 31.10.2015 and further compound interest with monthly rest @ three times of the Bank Rate, as notified by the Reserve Bank of India from time to time till realization of the dues. Subsequent to the said award, the same has been modified as on 18.12.2018. The respondent no.2, thereafter has filed execution case, where the Court having jurisdiction at Ranchi on the ground that the Office of the Heavy Engineering Corporation Ltd., is located and situated in the District of Ranchi. The said execution case has subsequently been transferred to the Commercial Court being registered as Commercial Execution Case No.03 of 2018. The petitioner has filed an objection by way of preliminary show cause raising the jurisdictional issue in proceeding with the execution case but according to the petitioner, no cause of action is lying within the territorial jurisdiction of the Ranchi Judgeship and since the agreement was executed in the District situated in the State Odisha but the executing court putting reliance upon the judgment rendered by the Hon'ble Apex Court in the Case Sundaram Finance Ltd. Vs. Abdul Samad and Anr., reported in AIR 2018 SC 965, whereby and whereunder, it has been laid down that the execution case can be filed anywhere in the country where such decree can be executed and there is no requirement for obtaining transfer of decree from Court which would have jurisdiction of arbitral proceedings. The said order dated 13.02.2019 has been assailed by way of present writ petition under the supervisory jurisdiction as conferred under Article 227 of the Constitution of India, apart from the other parts as reflected hereinabove.
(3.) Mr. Gulum Mustafa, learned counsel appearing for the petitioner, has not disputed the position of Law after having been settled by the Hon'ble Apex Court in the case of Sundaram Finance Ltd.(supra). He has raised the another issue that the execution case be held to be premature since the same has been filed within the statutory period for filing of an appeal as provided under Section 34 , Sub Clause-3 of the Arbitration and Conciliation Act , 1996. ;