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2019 (8) TMI 1881 - GUJARAT HIGH COURTMaritime claim - Inherent jurisdiction of Commercial Court at Rajkot to entertain and decide the said petition - seeking stay on further proceedings of Execution Petition - HELD THAT:- The bare reading of the definition of the word "Commercial Dispute" includes within its compass a dispute arising of the clauses provided under section 2(c)(i) to (xxii). It is an admitted position that the original dispute was filed as a commercial dispute before the English Courts and a decree has been passed and the same would not change its nature and character at the stage of execution and as succinctly set out by the learned Commercial Court in the impugned order the petitioner was the defendant before the English Courts. It is crystal clear that the liability of the petitioner is based upon the maritime claim, which is a commercial dispute and the personal guarantee which has been given by the petitioner is under commercial dispute, which arose before the English Court. It clearly appears from the record that the decree has become final as the petitioner has not been able to point out before this Court that it has been challenged by the petitioner before the competent appellate jurisdiction, which has become final in November 2017 and thereafter, the respondent herein has preferred an application for its execution before the competent court. The contention raised by the learned counsel for the petitioner that the Commercial Court at Rajkot (now Jamnagar) has no jurisdiction is totally meritless - What is sought to be executed by the respondent is a maritime claim as per decree by the Commercial Court at England and therefore, the dispute in the present matter is a commercial dispute as rightly held by the Commercial Court at Rajkot in all four circumstances as narrated in the impugned judgment. The record clearly indicates that the petitioner has participated before the English Commercial Court and has not contended or objected that it is not a commercial dispute. Even independently examining the same, the Commercial Court at Rajkot has come to the conclusion that it is a commercial dispute and that Commercial Court at Rajkot, now at Jamnagar has inherent jurisdiction to try and decide the execution petition filed by the respondent - the record indicates that having filed objections under section 13 of the CPC before the Commercial Court at Rajkot, only with an aim and object to delay the execution proceedings, the petitioner filed the present application exhibit 19 and on its dismissal, the present writ petition under Article 227 of the Constitution of India. The learned Commercial Court at Rajkot, while dealing with application at exhibit 19, has threadbare considered the same and has correctly interpreted the provisions of the Act as well as the provisions of section 126 of the Indian Contract Act in particular. It would not be out of place to record that having participated in the proceedings before the English Commercial Court, having given a guarantee and the judgment of English Court having become final, only with a view to throw spanner in the execution of such decree, the present petition is filed only with a view to create hurdle and delay the execution proceedings, which is nothing but an abuse of the process of the Court. The petition is devoid of any merits and the same is liable to be dismissed and is hereby rejected in limine with cost of Rs. 25,000/- to be deposited by the petitioner within a period of one week with Gujarat High Court Legal Services Committee.
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