Challange to arbitration award
Sameer Kakar
(Querist) 13 March 2013
This query is : Resolved
Dear Sir,
Ld. Sole Arbitrator has passed award in my favor. The amount of Award is Rs. 34 lakh. The Claimant and Respondent both reside at Mumbai.
I want to know :-
a. In which Court the Respondent can challange the award Bombay High Court or City Civil Court ?
b. If City Civil Court, which Court will have Jurisdiction when the Respondent company has registered office of at Andheri and the Claimant has office at Goregaon ?
Please reply.
Regards,
Sankaranarayanan
(Expert) 13 March 2013
higher court is the authority and you file a appeal in high court
Sameer Kakar
(Querist) 13 March 2013
higher court or High Court?
The pecuniary limit of City Civil Court is now Rs. 1 Crore, so why not the City Civil Court ?
Pl answer
Kuummaar AS
(Expert) 13 March 2013
Please refer to Section 2(1)(e) of the Arbitration Act, 1996, which is as under:-
“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.
Devajyoti Barman
(Expert) 13 March 2013
Well it would be City Civil Court and initially the same will have to be filed before the Chief Judge of City Civil Court where from the same would be transferred to any other Judge of City Civil Court.
Sameer Kakar
(Querist) 13 March 2013
In Devendra Shantilal Kothari
Vs. Mother India Securities Pvt. Ltd. and The Stock Exchange, Mumbai-2012(5)BomCR95, the HC at Mumbai held "City Civil Court is not principal Court as defined under Section 2(1)(e) of the Arbitration
Act. Therefore, an application under Section 34 as filed by the Appellant before the City Civil
Court was not maintainable."
in light of above judgment your views please.
