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Judgment
Sanjaya Kumar Mishra, CJ
1) The matter is taken up on the question of maintainability of the instant Commercial Appeal.
2) The order impugned in this case passed on 17.10.2023 in Commercial Arbitration Case No.18 of 2023 of the Court of the Civil Judge, Sr. Division-I-cum-P.O., Commercial Court, Ranchi, reflects that the Office submitted its note and the Judge presiding heard the matter in part on the point of admission and then adjourned the case to 24.11.2023. It is brought our notice that the District Courts are closed for the annual holidays, however, arrangements have been made for holding of Vacation Courts.
3) In that view of the matter, holding that the appeal not maintainable, we hereby give liberty to the petitioner to bring it to the notice of the learned Judicial Commissioner, Ranchi, about the urgency of the case, so that the application filed by the petitioner under sub-sections (2) and (3) of Section 36 of the Arbitration and Conciliation Act, 1996, could be considered in its merit, at an early date.
4) It is also brought to our notice that in case of emergency, no provision is there in the High Court of Jharkhand Rules, 2001, for taking up hearing of Civil Cases during vacations/holidays.
5) Courts exist for doing complete justice to parties and no litigant in the country can be denied a right to put forth his grievances before the competent court, even if the Courts are closed for holidays. In that view of the matter, the learned Judicial Commissioner, Ranchi, shall pass appropriate order, in his discretion, for listing of the case of the petitioner on the question of admission and on the question of stay, as early as possible. If necessary, the matter may be taken virtually, if the Presiding Judge is on leave.
6) With such observations, this appeal is disposed of.