SOUTHERN RAILWAY, TVM. Vs. M. R. RAMAKRISHNAN

JUDGEMENT

(1.) This Original Petition filed under Article 227 of the Constitution of India arises from the order dtd. 8/10/2018 passed by the Additional District Court-V, Ernakulam, in a petition (A.O.P.No.177 of 2018) filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 (for short "the Arbitration Act, 1996") holding that the District Court, Ernakulam has territorial jurisdiction to entertain the petition.

(2.) The essential facts leading to the Original Petition:- The petitioner is the Southern Railway. The respondent is the licencee of a combined fruit and tea stall at Wadakkancherry Railway Station in Thrissur District. The High Court appointed an Arbitrator to resolve the dispute between the petitioner and the respondent concerning the licence fee payable. The Arbitrator held sittings at Ernakulam and passed the award dtd. 18/6/2018. The respondent challenged the award under Sec. 34 of the Arbitration Act, 1996 before the District Court, Ernakulam. The petitioner raised a preliminary objection regarding the territorial jurisdiction of the District Court, Ernakulam to entertain the application under Sec. 34. The District Court held that it has territorial jurisdiction to entertain the application.

(3.) Heard Sri.Dinesh Rao.A., the learned counsel appearing for the petitioner, Sri.Varghese C. Kuriakose, the learned counsel appearing for the respondent and Sri.G.Sreekumar (Chelur), the Amicus Curiae.