9911796707
TMI Blog2001 (6) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... file of First Addl. Junior Civil Judge, Chittoor for rendition 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 sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. Hence, the Court below having referred the parties to arbitration 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the District in the Code of Civil Procedure, 1908 and District Judge under the 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 sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the purview of the term Court as defined in the said Act. By using the words means , includes 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 gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion also it can be safely concluded that the Court referred in section 9 is District Court but not any other Court having original 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 ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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