Sections 13 & 13(1A) of the Commercial Courts Act – Whether Executing Court is a Commercial Court –

Sections 13 & 13(1A) of the Commercial Courts Act – Appeal against the orders of the Executing Court under Order XXI Rule CPC –

Whether the Executing Court is the Commercial Court within the meaning of Section 13 read with Section 2(b) of the Commercial Courts Act.

In 2011, the disputes concerning he agreements between the appellant and the respondent were referred to the Arbitral Tribunal.

Consent Award was passed on 14.7.2014 and the Respondent Nos.1 and 2 agreed to accept the reduced amount of Rs.178 crores with interest from the appellants.

The Respondent Nos.1 and 2 applied for enforcement of the consent award under Section 36 of the AA since the appellants refused to make payments.

On 22.2.2018, again consent terms were filed before the Executing Court (learned Single Judge).

However, the appellants filed the commercial appeals without complying with the directions of the impugned order dated 22.2.20218 passed on the consent terms.

HELD that the proceedings for enforcement of the Arbitral Award are not under Order XXI CP or CCA and therefore, the impugned order cannot be regarded as one made under CPC or the CCA.  Therefore, the appeal under the CCA is not maintainable.

Commercial Appeal No.542 of 2019 in Judge’s Order No.74 of 2017 in Commercial Execution Application (L) No.31 of 2107 of Usha Kakda Vs. Vistra ITCL (India) Ltd and others with connected matters.