JUDGMENT : Anu Sivaraman, J. 1. Is an appeal from an order passed by the Commercial Court/Additional Subordinate Judges Court in a matter which arises under the Arbitration and Conciliation Act, 1996 appealable before this Court as an arbitration appeal? This is the question that requires a resolution. 2. The appellant had invested in securities using the services of the respondent, who is a trading member of the National Stock Exchange from 2010 to 2016 opening a Demat Account with the respondent. On account of losses suffered by him, the appellant had raised a claim for Rs.2 crore against the respondent, invoking the Investor Grievance Redressal Proceedings (IGRP for short) of the National Stock Exchange. Though the petition preferred under the Investor Grievance Redressal Procedure of the National Stock Exchange was initially closed on 18.10.2016, the appellant had taken up the matter with the SEBI which directed the IGRB to re-examine the complaints of the investor. An arbitration award was passed on a split verdict, dismissing the Arbitration application on 14.3.2022. Thereafter, an appeal was taken before the panel of arbitrators which held that the appellant is entitled to an amount of Rs.7,29,58,796/- with 6% interest. The respondent filed an application under Section 34 of the Arbitration and Conciliation Act before the Commercial Court/Additional Subordinate Court, Kollam as O.P.(Arb) No.8/2022. The Commercial Court issued the impugned order dated 27.09.2023 setting aside the Appellate Tribunal Award passed by the Panel of Arbitrators on the ground that it was barred by limitation and is, therefore against the public policy of India and suffers from patent illegality. Aggrieved by the said findings of the Commercial Court, that is, the Additional Sub Court, Kollam in O.P.(Arb) No.8/2022 dated 27.9.2023, this appeal is filed. 3. The respondent took up the preliminary contention that the appeal is not maintainable, in view of the fact that an appeal from a judgment or order of the Commercial Court is maintainable only before the Commercial Appellate Court and not before this Court. The contention is that, the fact that the petition which is decided is one which arises under the provisions of the Arbitration and Conciliation Act, 1996 will make no difference to the above factual situation, in the light of the provisions of the Commercial Courts Act, 2015 as well as the Arbitration and Conciliation Act,1996. 4. The contention is that, the fact that the petition which is decided is one which arises under the provisions of the Arbitration and Conciliation Act, 1996 will make no difference to the above factual situation, in the light of the provisions of the Commercial Courts Act, 2015 as well as the Arbitration and Conciliation Act,1996. 4. The learned counsel appearing for the appellant would contend that the dispute in question is one which arises specifically under the provisions of the Arbitration and Conciliation Act and is not a commercial dispute at all. It is contended that an appeal under the Arbitration and Conciliation Act under Section 37 thereof can lie only to the High Court and not to the District Court. It is submitted that the “court” under Section 2(1)(e) of the Arbitration and Conciliation Act would only be the Principal Civil Court of original jurisdiction in the district in the case of the State of Kerala and therefore the arbitration petition ought to have been preferred before such court. It is submitted tht the fact that the respondent chose to file the OP(Arb) in a wrong forum cannot make any difference to the situation and the appeal would be maintainable before this Court. 5. The learned counsel appearing for the respondent would, on the other hand, contend that it is clear from a plain reading of the Commercial Courts Act itself that the dispute in question is a commercial dispute and that the court having jurisdiction to consider the OP(Arb) in the first place was the Commercial Court, which is admittedly the Additional Subordinate Court, Kollam in the instant case. It is contended that since Section 21 of the Commercial Courts Act controls Arbitration Act also, there can be no doubt that the appeal would be maintainable only before the Commercial Appellate Court, which is the District Court in the instant case. It is stated that a reading of Section 3A, and Section 10(3) along with Section 11 of the Commercial Courts Act would make it clear that the appellate court can only be the District Court. 6. It is stated that a reading of Section 3A, and Section 10(3) along with Section 11 of the Commercial Courts Act would make it clear that the appellate court can only be the District Court. 6. The learned counsel for the appellant has placed reliance on the judgment of the Madhya Pradesh High Court in Yashwardhan Raghuwanshi v. District and Sessions Judge and another [W.P.19656 of 2020], while the learned counsel appearing for the respondent relies on the decision of this Court in Registrar General v. N.B.K. Catering Service and Another [ 2012 (1) KHC 790 ], Kishorekumar M v. Shriram Transport Finance Company Ltd and others [ 2022 (2) KHC 671 ] and Shwas Homes Pvt. Ltd and another v. Union of India and others [W.P.(C) No.19643 of 2022 dated 26.6.2022] and of the High Court of Orissa in M.G. Mohanty and others v. State of Odisha and others [W.P.(C) Nos.3523 of 2022 and connected cases dated 8.4.2022). 7. In the decision relied on by the learned counsel for the appellant in Yashwardhan Raghuwanshi's case (supra), a Division Bench of the Madhya Pradesh High Court held that in respect of commercial disputes involving arbitration only the Commercial Court of the status of District Judge or Additional District Judge would be the competent court to entertain the matters under Sections 9, 14, 34 and 36 of the Arbitration and Conciliation Act, 1996. The order classifying commercial disputes having arbitration as subject matter on the basis of mere valuation and conferring powers therefore on the court of Civil Judge Class-I was held to be violative of the provisions of law. However, it was sustained in so far as distribution of the work of commercial disputes as per the value of the claim in cases other than arbitration matters are concerned. This conclusion was reached after referring to the definition of 'court' under the Arbitration and Conciliation Act as well as the decisions of the Apex Court in Kandla Export Corporation and another v. OCI Corporation and another [ (2018) 14 SCC 715 ] and in State of West Bengal and other v. Associated Contractors [ (2015) 1 SCC 32 ] as well as the judgments of other High Courts. 8. 8. The learned counsel appearing for the respondent would immediately point out the amendments brought about to the Commercial Courts Act in 2018 and contend that the introduction of Section 3A designating Commercial Appellate Courts at District Judge level and with the amendment to Section 13 specifically providing for appeals to Commercial Appellate Courts the situation has changed entirely. It is contended referring specifically to Section 10(3) that the power of the District Court to entertain appeals and applications under the Arbitration and Conciliation Act, 1996 has been specifically referred to and has been conferred on the Commercial Courts exercising territorial jurisdiction over such arbitration where such Commercial Court has been constituted. It is submitted that the respondent had filed the Arbitration OP before the Commercial Court in the light of the provisions of Section 10(3) and the question of jurisdiction was not specifically raised by the appellant herein before the said court. It is, therefore, contended that the question of jurisdiction of the Commercial Court cannot be raised in these proceedings. Even if such a question is raised, the answer would be evident from the provisions of Section 10(3) of the Commercial Courts Act which is admittedly a later statute which specifically refers to the provisions of the appellate statute. 9. The Preamble of the Commercial Courts Act reads as follows :- “An Act to provide for the constitution of Commercial Courts, Commercial Appellate Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto.” The relevant provisions of the Commercial Courts Act for the consideration of the dispute are as under : Section 2 (1) (a) “Commercial Appellate Courts” means the Commercial Appellate Courts designated under section 3A. Section 2 (1) (b) “Commercial Court” means the Commercial Court constituted under sub-section (1) of section 3. Section 2 (1) (b) “Commercial Court” means the Commercial Court constituted under sub-section (1) of section 3. Section 2 (1) (c) “commercial dispute” means a dispute arising out of–– (i) ordinary transactions of merchants, bankers, financiers and traders such as those relating to mercantile documents, including enforcement and interpretation of such documents; (ii) export or import of merchandise or services; (iii) issues relating to admiralty and maritime law; (iv) transactions relating to aircraft, aircraft engines, aircraft equipment and helicopters, including sales, leasing and financing of the same; (v) carriage of goods; (vi) construction and infrastructure contracts, including tenders; (vii) agreements relating to immovable property used exclusively in trade or commerce; (viii) franchising agreements; (ix) distribution and licensing agreements; (x) management and consultancy agreements; (xi) joint venture agreements; (xii) shareholders agreements; (xiii) subscription and investment agreements pertaining to the services industry including outsourcing services and financial services; (xiv) mercantile agency and mercantile usage; (xv) partnership agreements; (xvi) technology development agreements; (xvii) intellectual property rights relating to registered and unregistered trademarks, copyright, patent, design, domain names, geographical indications and semiconductor integrated circuits; (xviii) agreements for sale of goods or provision of services; (xix) exploitation of oil and gas reserves or other natural resources including electromagnetic spectrum; (xx) insurance and re-insurance; (xxi) contracts of agency relating to any of the above; and (xxii) such other commercial disputes as may be notified by the Central Government. Explanation.––A commercial dispute shall not cease to be a commercial dispute merely because— (a) it also involves action for recovery of immovable property or for realisation of monies out of immovable property given as security or involves any other relief pertaining to immovable property; (b) one of the contracting parties is the State or any of its agencies or instrumentalities, or a private body carrying out public functions; Section 3. Constitution of Commercial Courts.—(1) The State Government, may after consultation with the concerned High Court, by notification, constitute such number of Commercial Courts at District level, as it may deem necessary for the purpose of exercising the jurisdiction and powers conferred on those Courts under this Act: [Provided that with respect to the High Courts having ordinary original civil jurisdiction, the State Government may, after consultation with the concerned High Court, by notification, constitute Commercial Courts at the District Judge level: Provided further that with respect to a territory over which the High Courts have ordinary original civil jurisdiction, the State Government may, by notification, specify such pecuniary value which shall not be less than three lakh rupees and not more than the pecuniary jurisdiction exercisable by the District Courts, as it may consider necessary. [(1A) Notwithstanding anything contained in this Act, the State Government may, after consultation with the concerned High Court, by notification, specify such pecuniary value which shall not be less than three lakh rupees or such higher value, for whole or part of the State, as it may consider necessary.] (2) The State Government shall, after consultation with the concerned High Court specify, by notification, the local limits of the area to which the jurisdiction of a Commercial Court shall extend and may, from time to time, increase, reduce or alter such limits. (3) The [State Government may], with the concurrence of the Chief Justice of the High Court appoint one or more persons having experience in dealing with commercial disputes to be the Judge or Judges, of a [Commercial Court either at the level of District Judge or a court below the level of a District Judge]. [Section 3A. Designation of Commercial Appellate Courts.—Except the territories over which the High Courts have ordinary original civil jurisdiction, the State Government may, after consultation with the concerned High Court, by notification, designate such number of Commercial Appellate Courts at District Judge level, as it may deem necessary, for the purposes of exercising the jurisdiction and powers conferred on those Courts under this Act.] Section 6. Jurisdiction of Commercial Court.—The Commercial Court shall have jurisdiction to try all suits and applications relating to a commercial dispute of a Specified Value arising out of the entire territory of the State over which it has been vested territorial jurisdiction. Jurisdiction of Commercial Court.—The Commercial Court shall have jurisdiction to try all suits and applications relating to a commercial dispute of a Specified Value arising out of the entire territory of the State over which it has been vested territorial jurisdiction. Explanation.––For the purposes of this section, a commercial dispute shall be considered to arise out of the entire territory of the State over which a Commercial Court has been vested jurisdiction, if the suit or application relating to such commercial dispute has been instituted as per the provisions of sections 16 to 20 of the Code of Civil Procedure, 1908 (5 of 1908). Section 10(3) If such arbitration is other than an international commercial arbitration, all applications or appeals arising out of such arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) that would ordinarily lie before any principal civil court of original jurisdiction in a district (not being a High Court) shall be filed in, and heard and disposed of by the Commercial Court exercising territorial jurisdiction over such arbitration where such Commercial Court has been constituted. Section 11. Bar of jurisdiction of Commercial Courts and Commercial Divisions.—Notwithstanding anything contained in this Act, a Commercial Court or a Commercial Division shall not entertain or decide any suit, application or proceedings relating to any commercial dispute in respect of which the jurisdiction of the civil court is either expressly or impliedly barred under any other law for the time being in force. Section 13(1) Any person aggrieved by the judgment or order of a Commercial Court below the level of a District Judge may appeal to the Commercial Appellate Court within a period of sixty days from the date of judgment or order. Section 21. Act to have overriding effect.—Save as otherwise provided, the provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law for the time being in force other than this Act. Section 22. Section 21. Act to have overriding effect.—Save as otherwise provided, the provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law for the time being in force other than this Act. Section 22. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be, after it is made, before each House of Parliament. 10. In Shwas Homes Pvt. Ltd and another v. Union of India and others, a learned Single Judge of this Court considered a challenge raised to Section 3(3) of the Commercial Courts Act. After referring to the decisions in Kandla Export Corpn. & another v. OCI Corpn. & Another [ (2018) 14 SCC 715 ] and Jaycee Housing (P) Ltd. & others v. Registrar General, Orissa High Court, Cuttack & others [2022 SCC Online SC 1457], it was held that Section 3(3) of the Commercial Courts Act cannot be held to be unconstitutional. However, it was specifically noticed by the learned Single Judge that the provisions of the Commercial Courts Act has led to an anomalous situation where a commercial dispute which arises from an award or proceeding under the Arbitration Act which is below the specified value, that is pecuniary value of Rs.Three Lakhs will be considered by the District Court with an appeal lying to this Court while an identical dispute of the specified value will have to be decided by the Commercial Court with an appeal to the District Court. 11. 11. We also notice that a Division Bench of Orissa High Court in M.G. Mohanty and others v. State of Odisha and others has considered all the decisions including Kandla Export Corpn's case (supra) and Yashwardhan Raghuwanshi's case (supra) and held that the view expressed by the Madhya Pradesh High Court cannot be accepted in view of the clear provisions of the Statute. 12. The Apex Court in Jaycee Housing (P) Ltd.'s case (supra) had occasion to consider the specific issue. Considering the provisions of the Commercial Courts Act as well as the provisions of the Arbitration and Conciliation Act, it was held that the notification issued by the High Court of Orissa conferring jurisdiction on the court of the Civil Judge (senior division) designated as Commercial Court, to decide applications or appeals arising out of arbitration under the provisions of the Arbitration and Conciliation Act, 1996 cannot be said to be illegal or bad in law. The decisions of the Orissa High Court to the same effect including M.G. Mohanty and others's case (supra) were affirmed by the Apex Court. 13. Though it is true that Section 2(e) of the Arbitration and Conciliation Act defines 'Court' for the purpose of the Act to mean the Principal Court of civil jurisdiction in the area concerned, Section 10(3) of the Commercial Courts Act specifically provides that applications or appeals arising out of arbitration other than an international commercial arbitration that would ordinarily lie before the principal civil court of original jurisdiction in a district shall be filed in and heard and disposed of by the Commercial Court exercising territorial jurisdiction over such arbitration where such Commercial Court has been constituted. It is pertinent to note that the Commercial Courts Act is a central enactment which is subsequent in point of time to the Arbitration Act. It is pertinent to note that the Commercial Courts Act is a central enactment which is subsequent in point of time to the Arbitration Act. Though it is contended by the learned counsel appearing for the appellant that the entire scheme of the Arbitration Act would be undermined by the designation of Commercial Courts at the Sub Court level for consideration of disputes arising in arbitration as well and subjecting such disputes also to the multi level appellate jurisdiction without reference to the scheme and intention of the Arbitration Act, we are of the opinion that in the light of the enactment of the Commercial Courts Act with the provisions as presently available, the plain intent of such enactments will have to be given effect to by the courts and an interpretation departing from the plain language of the statute cannot be attempted by us since that would amount to transgressing upon the legislative powers and policy making which are not within the realm of the interpretative process which is expected of courts of law. Moreover, we are not considering a challenge to the provisions and are only called upon to decide the position on the basis of the statutes as they stand. 14. A plain reading of the provisions of the statute especially Sections 6 and 10(3) of the Commercial Courts Act would lead us to the inescapable conclusion that the court for the purpose of consideration of a commercial dispute even if it arises under the Arbitration and Conciliation Act, 1996 would be the commercial court and the appeal would, therefore, lie only to the Commercial Appellate Court, that is, the District Court in the instant case. 15. However, there appears to be some substance in the contention that the avowed objects of alternate dispute resolution under the provisions of the Arbitration and Conciliation Act would tend to suffer a set back if multi level appeals are provided in commercial disputes arising under the Arbitration and Conciliation Act as well. 16. 15. However, there appears to be some substance in the contention that the avowed objects of alternate dispute resolution under the provisions of the Arbitration and Conciliation Act would tend to suffer a set back if multi level appeals are provided in commercial disputes arising under the Arbitration and Conciliation Act as well. 16. Having considered the contentions advanced and in view of the plain language of the Commercial Courts Act, which is a later legislation governing the issue and the decisions on the point, we are of the opinion that the contention raised by the learned counsel for the appellant that this Court is the appellate court in respect of the judgment which is impugned in this appeal cannot be accepted. We are of the opinion that the District Court would be the proper forum for the filing of the appeal. The Registry shall return this appeal for filing before the appropriate forum at the earliest. The time spent in prosecuting this appeal before this Court shall be disregarded for the purpose of limitation for presenting the appeal before the proper forum.