9911796707
TMI Blog2002 (12) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... and the respondents by means of an arbitral agreement referred the matter to the Arbitrators for resolution of the dispute, who eventually passed an award. It appears that having been felt aggrieved, the first respondent herein filed an application to set aside the award, which is now pending adjudication before the District Court at Nalgonda. In the meanwhile, the Decree Holder as stated hereinabove sought to execute the award as if it were a decree of the Civil Court by filing E.P.No. 60 of 2002 under section 36 of the Arbitration and Conciliation Act, 1996 ( the Act for brevity) before the Senior Civil Judge at Miryalaguda. Under the impugned order, the learned Judge returned the Execution Petition for being presented before an appropri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is now sought to be executed, was passed qua the respondents 1 and 2 herein the Judgment Debtors. The dispute inter se between the parties is in respect of laying of a road at Miryalaguda, which is within the territorial jurisdiction of the Court of Senior Civil Judge at Miryalaguda. By means of an arbitral agreement, both the parties referred the dispute to the Arbitrators who are the residents of Hyderabad. The revision petitioner is a resident of Miryalaguda whereas the respondents 1 and 2 herein are residents of Hyderabad and Nalgonda respectively. The Arbitrators eventually passed the award on 18-9-2001 at Hyderabad. With these available facts, the question of jurisdiction to enforce the award has to be decided. It is appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taining to the subject-matter of arbitration, if a suit were to be filed in regard thereto, is the appropriate Court and it shall not be a Court of a grade inferior to such Court or any Small Causes Court. 8. Elsewhere in the Act certain other provisions are also there which are germane to be considered for better understanding of the expression "the Principal Civil Court of original jurisdiction". Section 8 of the Act enables the judicial authority to refer the arbitration, where there is an arbitral agreement, to an Arbitrator for adjudication. Section 9 contemplates interim orders to be passed by a Court either before or during or after the culmination of the arbitral proceedings by the Court. Section 37 confers right of appeal as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ks to define the expression "district" but a perusal of the said provision makes it obvious that the Principal Civil Court of original jurisdiction is the District Court in a District and it is also included in the local limits of the original civil jurisdiction of a High Court. It is to the common knowledge that in every district there is a District Court, which is the fountainhead of the District judiciary in the hierarchy of the judicial system. 10. Section 3, clause (17) of the General Clauses Act, which is apt to be considered, reads as under : 3(17) "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include a High Court in the exercise of its ordinary or extraordinary origin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal jurisdiction" as envisaged under section 2( e ) of the Act in a different sense than what has been envisaged by the two provisions under the Code of Civil Procedure and the General Clauses Act referred to hereinabove. It may further be exemplified having regard to the facts in this case thus. Here is a case where, according to the facts, the parties are residents of Miryalaguda, Hyderabad and Nalgonda, respectively. They referred the matter to the Arbitrators who are the residents of Hyderabad. It is not known whereat the arbitral agreement was entered into between the parties inter se . However, the arbitrators ultimately after due deliberations passed the award on 18-9-2001 at Hyderabad. Having regard to the nature of the dispute b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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