METRO SILKS AND SAREES Vs. SARPAN TRADERS

JUDGEMENT

(1.) Writ petition is filed seeking the following reliefs.

(2.) Petitioner is the judgment debtor in EP 247 of 2008. The above execution petition was filed to execute an award passed in arbitration by the Mumbai Textile Merchants Mahajan in an arbitration case No. 20/2005-2006 at Mumbai. The award was transferred for execution to the District Court, Trichur from High Court of Mumbai. The learned District Judge, Trichur receiving such transfer made over the award to the Principal Sub Court, Irinjalakuda within the jurisdiction of which the defendant carried his business. The judgment debtor receiving notice of the proceedings from that Court appeared and filed objections contending that the execution of the award can be proceeded only by the District Court and not by an inferior Court. The learned Sub Judge negatived the objections holding that Court is fully competent to execute the award. Ext. P2 is the copy of that order. Propriety and correctness of Ext. P2 order is impeached in the writ petition invoking the supervisory jurisdiction vested with this Court under Art.227 of the Constitution of India.

(3.) I heard the learned counsel on both sides. The learned counsel for the petitioner submitted that in view of the definition of 'Court' under S.2(1)(e) of the Arbitration and Conciliation Act 1996, hereinafter referred to as the Act, it is imperative that only a District Court has jurisdiction to enforce an award passed in an arbitration under the Act. The learned counsel relied on Mahesh B. Shah v. Joseph, 2005 KHC 966 : 2005 (3) KLT 787 : ILR 2005 (3) Ker. 653 : 2005 (2) KLJ 577 : AIR 2005 Ker. 290 to contend that the enforceability of an award as covered by S.36 of the Act should be read along with S.2(1)(e) of the Act defining a 'Court', and when that be so, an award has necessarily to be executed by the District Court and not by an inferior Court. On the other hand the learned counsel for the respondent inviting my attention to Muralimohan C. K v. M/s Asok Corporation and Another, 2008 (3) KHC 419 : 2008 (3) KLT SN 68 : ILR 2008 (3) Ker. 392 submitted that an award can be enforced as if it were a decree of the Civil Court, as stated in S.36 of the Act and as such an inferior Court below the District Court is also empowered and competent to enforce such an award once it was made over by the District Court.