MAHESH B SHAH Vs. C N JOSEPH

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order passed by the Additional Munsiff's Court Cherthala in E.P. No. 209 of 2000 in Ref: SE/AB/055/98. Decree holder has come in revision. There was a dispute between the decree holder and judgment debtor. That dispute was placed before the Arbitration Committee and the Arbitration Committee passed an award for Rs. 38,544/- together with interest at the rate of 12% per annum from the date of payment, i.e., 31.12.1995 to the revision petitioner within 21 days from the date of receipt of the award. Since the amount was not paid, the decree holder filed the E.P. before the Munsiff's Court, Ernakulam for the enforcement of the award. That E.P. was transferred to Cherthala, since the judgment debtor was staying within the jurisdiction of that Court.

(2.) Before the Munsiff's Court, Cherthala, the respondent contended that the Munsiff's Court has no jurisdiction. The lower Court held that the Court is defined as Principal Civil Court, which is a District Court and hence, the Munsiff's Court is not having the jurisdiction. It is against the above order that the present revision is filed.

(3.) Learned counsel for the petitioner submitted that it is true that the Court has been defined under the Arbitration and Conciliation Act, 1996. But according to the petitioner, the definition is subject to the context. According to the petitioner, usually a claim below Rs. 1 lakh is laid in the Munsiff's Court and execution is also laid in the Munsiff' s Court. Hence, learned counsel submitted that the Munsiff's Court has got jurisdiction. The only question to be decided in this case is which is the Court where an award can be enforced. Section 36 of the Arbitration and Conciliation Act states as follows: