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TMI Blog2007 (2) TMI 336X X X X Extracts X X X X X X X X Extracts X X X X ..... ommercial Arbitration Association, The said application was filed by respondent No. 1 under section 45 of the Arbitration and Conciliation Act, 1996, which met rejection. Feeling aggrieved, respondent No. 1 has filed the present appeal assai ling the impugned order. Pursuant to the issuance of notice, respondent No. 1 appeared through his counsel and took objection at the first instance relating to the territorial jurisdiction of this court on the ground, inter alia, that the appeal in the present form was not maintainable as there is a specific provision under the Companies Act, namely section 10F of the Companies Act which provides that appeal lies to the High Court having jurisdiction in relation to the place at which the registered of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in exercise of the powers under the Companies Act and since seeking reference to arbitration was not a relief sought under the Companies Act, but under section 45 of the Arbitration Act, therefore, section 50 of the Arbitration Act would come into play and as such this court is fully empowered to entertain this appeal. He supported his contention with the aid of a judgment rendered by Division Bench of Punjab and Haryana High Court titled as Hind Samachar Ltd., In re and Smt. Sudershan Chopra v. Vijay Kumar Chopra [2003] 117 Comp. Cas. 660 (P & H) ; [2002] 4 Comp LJ 1. It is further urged that the impugned order passed by the Company Law Board was in the capacity of a judicial authority under the Arbitration Act and, therefore, the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2] 4 Comp LJ 1 had no applicability on the facts of the instant case. It was further contended that the jurisdiction of the appellate forum needs to be determined in terms of section 50 of the Arbitration and Conciliation Act which provides for an appeal from an order passed by the judicial authority under section 45 of the said Act and since the expression used in section 50 of the Arbitration and Conciliation Act was "the court authorised by law to hear appeals from such order" that would mean that the appellate forum which ordinarily hears the appeal from the orders of the forum passing the order. It was further contended that since the order under challenge was passed by the Company Law Board, therefore, invariably an appeal would lie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeal is required to be filed within 60 days from the date of the communication of the order by the Company Law Board. In the case in hand the challenge is to the order passed by the Company Law Board on an application made by respondent No. 1 seeking reference of the matter to the arbitration in terms of the arbitration clause made under section 45 of the Arbitration and Conciliation Act which application resulted in rejection. Can it be said that the Company Law Board ceased to exercise the power vested in it under the Companies Act because of making an application under section 45 of the Arbitration and Conciliation Act and was required to act under the provisions of the Arbitration Act only and, therefore, could it be said that sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt and not in the Punjab and Haryana High Court despite their registered office being in Mohali which falls within the jurisdiction of Punjab and Haryana High Court. Predominantly, the dispute between the parties squarely falls within the purview of the Companies Act and the filing of application during those proceedings under section 45 of the Arbitration and Conciliation Act was just out of necessity and, therefore, merely filing of that application would not override the provisions of the Companies Act, viz., section 10(1)( a) and section 10F. These provisions would, of course, have precedence over the provisions of the Arbitration Act for the purpose of dealing with the controversy if the appeal against the order passed by the Company ..... X X X X Extracts X X X X X X X X Extracts X X X X
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