Golden Edge Engineering Private Limited vs Bharat Heavy Electricals Limited

The Court : This is an appeal from a judgment and order dated 18th June, 2020 passed by a learned single judge of this Court in an application (GA

No. 822 of 2020 connected with AP No. 191 of 2020, Golden Edge Engineering Private Limited Versus Bharat Heavy Electricals Limited) under

Section 9 of the Arbitration and Conciliation Act, 1996.

Learned counsel appearing for the appellant has taken an extremely fair stand by agreeing to the observations of this Court that it has no territorial

jurisdiction to entertain this application. The learned judge in the impugned judgement and order has also held so but his lordship, through inadvertence

has made observations on the merits of the matter which ought not to have been made by the Court relinquishing jurisdiction.

In those circumstances, the appeal (APO No. 69 of 2020) is admitted. Since the issue is very short, the appeal is heard out, by consent of the parties

and disposed of by this order relegating the appellant to the appropriate jurisdictional Court, with our observation that the said Court or any other Court

which shall have occasion to entertain this matter shall ignore any findings and observations made regarding the merits of the matter in the impugned

judgment and order dated 18th June, 2020.

Considering the time consumed to dispose of this point of jurisdiction, we request the jurisdictional Court to dispose of the Section 9 application as

expeditiously as possible.

The appeal (APO No. 69 of 2020) and the connected applications (GA No. 856 of 2020 and GA No. 857 of 2020) are disposed of.