Ranbir Singh v. Shri Ram Transport Finance Company Limited
2019-08-07
AJAY MOHAN GOEL
body2019
DigiLaw.ai
JUDGMENT : Ajay Mohan Goel, J. By way of this petition, petitioner/judgment debtor has laid challenge to order dated 02.04.2018 passed by the Court of learned Senior Civil Judge, Nahan, in Execution Petition No. 3/10 of 2016, which was filed by the present respondent No. 1/decree holder under Section 36 read with Section 2(E) of the Arbitration and Conciliation Act, 1996 in the matter of enforcement of arbitral award dated 28.06.2014 passed against the present petitioner in Arbitration Claim No. ARB/BLG/1088/2012. 2. The challenge to the order so passed is made by way of this petition on the ground of jurisdiction. 3. Learned Counsel for the petitioner has argued that the impugned order is per se not sustainable in law as the same stands passed by the learned Executing Court without appreciating that it was having no jurisdiction either to entertain or adjudicate the execution petition as it was not the principal Civil Court or original jurisdiction of the District concerned as the said Court is the Court of learned District Judge of the District. 4. I have heard learned Counsel for the parties and gone through the impugned order as well as other documents appended with the petition. 5. In fact, the issue is no more res-integra as Hon'ble Co-ordinate Bench of this Court in CR No. 1 of 2019, titled as Himachal Pradesh Forest Development Corporation Limited versus Shri Prem Singh and other connected matters, decided on 03.01.2019, by placing reliance upon the judgment of Hon'ble Supreme Court in, titled as State of West Bengal and Others versus Associated Contractors, (2015) 1 SCC 32 , has held that principal Civil Court of original jurisdiction in a District means the Court of learned District Judge and even the Court of learned Additional District Judge cannot entertain the execution petition under the Arbitration and Conciliation Act, 1996, as the same is beyond the mandate of the provisions of the Arbitration and Conciliation Act. 6. Accordingly, this petition is allowed as prayed for. Impugned order dated 02.04.2018, passed by the Court of learned Senior Civil Judge, Sirmaur at Nahan, is quashed and set aside on the ground that the Court of learned Senior Civil Judge, Sirmaur at Nahan, was having no jurisdiction either to entertain or to adjudicate the execution petition which stood so filed by respondent No. 1.
Impugned order dated 02.04.2018, passed by the Court of learned Senior Civil Judge, Sirmaur at Nahan, is quashed and set aside on the ground that the Court of learned Senior Civil Judge, Sirmaur at Nahan, was having no jurisdiction either to entertain or to adjudicate the execution petition which stood so filed by respondent No. 1. In the interest of justice, it is further ordered that the execution petition, in which the impugned order was passed by the Court on 02.04.2018 shall be recalled by the Court of learned District Judge, Sirmaur at Nahan, and the same shall be decided by the learned District Judge, in accordance with law, by adhering to the principles of natural justice. The petition stands disposed of in above terms, so also pending miscellaneous applications, if any. Parties through the respective learned Counsel are directed to appear before the Court of learned district Judge, Sirmaur at Nahan on 09.09.2019.