ARBITRATION AND CONCILIATION ACT, 1996.
NATARAJAN .R
(Querist) 09 January 2009
This query is : Resolved
PLEASE CONFIRM WHETHER AN AWARD UNDER THE ARBITRATION AND CONCILIATION ACT, 1996 PASSED AT CHENNAI BY A SOLE ARBITRATOR CAN BE TRANSMITTED UNDER ORDER 21 RULE 5 C.P.C.TO A DISTRICT MUNSIF'S COURT OR A SUBORDINATE JUDGE'S COURT FOR EXECUTION OR WHETHER THE AWARD HAS TO BE TRANSMITTED TO A PRINCIPAL CIVIL COURT I.E., DISTRICT JUDGE OF THE RESPECTIVE DISTRICT WHERE EXECUTION IS SOUGHT. I SHALL BE THANKFUL IF MY QUERY IS ANSWERED. ANY CASE LAW ON THE CAPTIONED SUBJECT IS MOST WELCOME.
WITH REGARDS.
R. NATARAJAN.
(natarajan_ohm@yahoo.com)
mintu
(Expert) 09 January 2009
Hi Natarajan
I am reproducing some revelant section of Arbitration and Conciliation Act 1996 for your ready reference:
Section 36 Enforcement.—Where the time for making an application to set aside the arbitral award under section 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the COURT..
Section 2(1)(e) “COURT” means the principal Civil Court of original jurisdiction in a district, and includes the 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;
I have not gone through any judgment of Hon'ble Courts that differentiates the meaning of COURT u/s 34 and 36 of the A & C Act 1996.
It is, therefore, THE AWARD HAS TO BE TRANSMITTED TO A PRINCIPAL CIVIL COURT I.E., DISTRICT JUDGE OF THE RESPECTIVE DISTRICT.
Mintu
