JASWANT LAL CHUG Vs. NCERT

JUDGEMENT

(1.) This appeal raises an interesting issue viz., whether this Court was incompetent to decide appellant's objections filed under Sections 30/33 of the Arbitration Act for setting aside the award when the value of the subject matter was less that Rs. 4. lacs.

(2.) Learned Trial Judge has held so and transferred the proceedings to the District Court on the ground that since pecuniary jurisdiction of District Court was raised from Rs. 1 lac to Rs. 5 lacs by amendment in the Punjab Courts Act, this Court had lost the jurisdiction to deal with the matter.

(3.) It all started with appellant filing a petition (S. No. 2686-A/90) under Section 20 of the Arbitration Act in this Court. In this, reference was made to the sole Arbitrator (Secretary of respondent No. 1)by order dated 27.11.1995. An award was passed on 26.11.1997. Appellant thereafter applied for filing of the award in this Court which was done. Appellant then filed objections to this award under Sections 30/33 of the Old Arbitration Act (IA No. 8835/98). When the matter came up for consideration, learned Trial Judge is said to have suo motu taken notice of the non- maintainability of these proceedings before him leading to the passing of the impugned order transferring the proceedings to District Court.