PRAGYA ELECTRONICS PVT. LTD. Vs. COSMO FERRITES LTD.

JUDGEMENT

(1.) The present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act', for short) impugning the Award dated April 13, 2016 with the following prayers:

(2.) The chronology of events leading to the matter being heard/listed before this Court is as follows. The present petition was initially filed before the District Court, Saket in the year 2016, and vide order dated January 03, 2017 the Additional District Judge-5, Saket Courts noting the nature of the dispute involved in the petition is commercial with a value of Rs.5,15,54,292/-, and in view of The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, the same falls within the jurisdiction of Commercial Courts of this Court, directed the parties to appear before the learned District and Sessions Judge. When the parties appeared before the learned District and Sessions Judge, the petitioner sought adjournment on the ground that a Transfer Petition, being TP(C) 169/2019, was pending adjudication before this Court as a Section 34 petition filed by the respondent was being proceeded against in this Court. However, since the Section 34 petition filed by the respondent being OMP (COMM) 350/2016 was disposed of on May 25, 2017, the Transfer Petition (TP(C) 169/2016) was disposed of as infructuous vide order December 5, 2017.

(3.) The petitioner herein, thereafter pressed his application under Order 7 Rules 10 and 10A before the learned District Judge. Vide order dated January 23, 2019 the learned District Judge noting the submission of the counsel for the respondent that the petitioner has not conducted the matter with due diligence and good faith and also noting that the question of due diligence not being within the jurisdiction of the said Court placed this matter before the Registrar General of this Court.