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TMI Blog2004 (2) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... s of section 34 of Arbitration and Reconciliation Act, 1996 (for short 1996 Act ). 4. The petitioner who challenged the award did not present himself before the Lower Court on the date fixed. Therefore the application was dismissed by the Civil Court. Thereafter the petitioner filed an application in I.A.No. 2017/2002 seeking restoration of the earlier application being O.P.No. 1524/99. When this application was listed, again the petitioner absented himself and this application was also dismissed. The order passed in I.A.No. 2017/2002 dismissing the application in default and the order passed in O.P.No. 1524/99 dismissing the OP in default have been challenged by way of C.R.P.No. 332/2003. When this matter came before the learned Singl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject matter of the arbitration if the same had been the subject matter of a suit, but does not include any Civil Court of a grade inferior to such principal Civil Court or any Court of small causes." Section 5 lays down the extent of judicial intervention as follows : " Extent of Judicial intervention. Notwithstanding anything contained in any other law for the time being in force, in matters governed by this part, no judicial authority shall intervene except where so provided in this part." 6. According to Sri Adinarayana Rao, the Civil Courts cannot interfere or intervene in the matter, which is the subje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but a Civil Court as is also understood by Civil Courts Act and by CPC. The Civil Court can interfere and intervene and the power under section 9 is available to the Civil Court before arbitration, during arbitration and even after arbitration. He further contended that in terms of section 4 of CPC, the provisions of CPC will apply to all the proceedings in Civil Court unless expressly barred. These matters according to us have been directly considered by the Supreme Court in ITI Ltd. s case ( supra ). The controversy was similar in nature. An appeal had been directly filed before the Supreme Court in view of section 37 of 1996 Act. Section 37 of 1996 Act relates to appealable orders. Under sub-section (3) of section 37 it has been laid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sly founded its conclusion on the said judgment in Shyam Sunder Agarwal s case ( supra ). Learned counsel argued that the case of Shyam Sunder Agarwal ( supra ) arose under the Arbitration Act, 1940 which Act had made the provisions of the Code specifically applicable to proceedings arising under the said Act in the Civil Court whereas in the present Act such provision making the Code applicable is not found. Therefore, there is a substantial difference in law between the cases of Shyam Sunder Agarwal ( supra ) and Nirma Ltd. ( supra ). Therefore, the order of this Court in Nirma Ltd. ( supra ) is not a good law, hence, requires reconsideration. 10. We do not agree with this submission of the learned counsel. It is true in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inary rules of procedure applicable thereto and an appeal lies if authorized by such rules, notwithstanding that the legal right claimed arises under a special statute which does not, in terms confer a right of appeal. 21. Provisions of section 37 of the Act of 1996 bars second appeal and not revision under section 115 of the Code of Civil Procedure. The power of appeal under section 37(2) of the Act against order of Arbitral Tribunal granting or refusing to grant an interim measure is conferred on Court. Court is defined in section 2( e ) meaning the principal Civil Court of original jurisdiction which has jurisdiction to decide the question forming the subject matter of the arbitration if the same had been the subject matter of the sui ..... X X X X Extracts X X X X X X X X Extracts X X X X
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