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TMI Blog2001 (6) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of accounts against the petition-ers herein along with I.A. No. 150 of 2001 seeking injunction restraining the petitioners herein from seizing the two lorries which were hypothe- cated to the petitioners on hire purchase agreement and obtained ex parte injunction. Thereafter, the petitioner herein filed I.A. No. 214 of 2001 bringing to the notice of the Court that the hire purchase agreement contains a clause for appointment of an Arbitrator to be nominated by the first petitioner herein and as such the Court has no jurisdiction to entertain the suit and the same has to be dismissed. The Court seemed to have been taken an objection that two reliefs cannot be claimed in a single petition. While representing the matter the petitioner her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on exceeded its limits in directing the custody of the two lorries covered by hypothecation with the respondent. If any party intends to get any interim orders during the pendency of the arbitration proceedings, such a party can only make an application to a Court under section 9 of the Act. It is not in dispute that section 9 deals with interim measures to be taken by a Court at the instance of one of the parties to the dispute either before or during arbitral proceedings or after making the arbitral award, but before it is enforced in accordance with section 36 of the Act. 4. The only question to be considered now in this revision petition is which is the Court that the parties have to approach in the light of the definition given for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e General Clauses Act, 1897. Section 2(4) of the Code of Civil Procedure defines : "'district' meaning the local limits of the jurisdiction of a Principal Civil Court of original jurisdiction (hereinafter called a 'District Court'), and includes the local limits of the ordinary original civil jurisdiction of a High Court"; In section 3(17) of the General Clauses Act, a District Judge is defined as: "'District Judge' shall mean the judge of principal Civil Court of original jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;" From the above, it is seen that the words used in section 2(1)(e), i.e., Principal Civil Court of original jurisdiction in a District is re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ' and 'does not include' in section 2(e) of the new Arbitration Act, the Parliament has exhaustively explained the meaning of the term 'Court' in that the word 'means' is a term of restriction, while the word 'includes' is a term of enlargement and when both the words 'means' and 'includes' are used together to define a thing, the intendment of the Legislature is to supply restricted meaning to the term (See Lachche v. Dwari Mal AIR 1986 All. 303; Mahalakshmi Oil Mills v. State of A.P. AIR 1989 SC 335; P. Kasilingam v. P.S.G. College of Technology AIR 1995 SC 1395). The expression 'but does not include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes' used in section 2(e) of the Act, further re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inal jurisdiction. In the light of the view taken by me, the suit filed by the respondent in the Court of First Addl. Junior Civil Judge, Chittoor is not maintainable in law. But, at the same time, as the word used in section 8 is judicial authority I need not interfere with the order of the Court below to the extent of directing the parties to settle the dispute through arbitration as per the terms of the agreement. The rest of the order cannot be sustained in law and it is accordingly set aside. But, at the same time, as the Act made a provision for obtaining interim orders even before arbitration proceedings are commenced, I direct the respondent to approach the District Court if he is so advised seeking interim orders with regard to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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