Application for execution of award or setting aside of award can be heard and decided not only by District Judge but also by Court of Additional District Judge.

Citation

AIR 2018 CHHATTISGARH 178

FULL BENCH

CHHATTISGARH HIGH COURT

PRASHANT KUMAR MISHRA , J. and MANINDRA MOHAN

SHRIVASTAVA , J. and RAM PRASANNA SHARMA , J.

W.P. 227 No. 299 of 2018, D/- 12 - 10 - 2018

A Suo Motu Taken Writ Petition v. State of Chhattisgarh

Arbitration and Conciliation Act (26 of 1996), S.2(1)(e), S.36, S.34, S.42 - Chhattisgarh Civil

Courts Act (19 of 1958), S.3, S.7 - 'Court' - Definition - Not only includes Principal Civil Court of

Original Jurisdiction i.e., Court of Principal District Judge but also includes Court of Additional

District Judge - Application for execution of award or setting aside of award can be heard and

decided not only by District Judge but also by Court of Additional District Judge.

AIR 2006 Chh 12, Overruled.

AIR 1998 All 313, Dissented From.

Word 'Court' defined in 2 (1) (e) not only includes Principal Civil Court of Original Jurisdiction i.e.,

Court of Principal District Judge or District Judge(s), but also includes Court of Additional District

Judge(s), therefore, any application filed under any provision of the Act, 1996 before the Court after

passing of the award, including applications under Section 34 or 36 of Act, 1996, can be heard and

decided not only by the District Judge(s), but also by the Court of Additional District Judge(s), upon

being made over by the

District Judge by a general or special order. In respect of application with regard to an arbitration

agreement where award is yet to be passed, such application may be moved before the District Judge

and can be made over to the Court of Additional District Judge by general or special order but in such

eventuality any subsequent application till passing of award is to be decided by the same Court, which

has dealt with the earlier application, by virtue of Section 42 of the Act, 1996.

AIR 2006 Chh 12, Overruled.

AIR 1998 All 313, Dissented from.

AIR 1988 MP 24, AIR 2009 MP 73, 2017 (4) ABR 312, (2015) SCC Online Pat 6005, AIR 2016

Cal 236 (FB), AIR 2018 SC 965, Relied on.

(Para 43)

Cases Referred Chronological Paras

AIR 2018 Bom 89 (FB) 40

AIR 2018 SC 965 (Rel. on) 7, 41, 42, 43

2017 (4) ABR 312 (Rel. on) 36

AIR 2016 Cal 236 (FB) (Rel. on) 39

(2015) SCC Online Pat 6005 (Rel. on) 38

2011 (2) AIR Bom R 779 37

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