UNION OF INDIA Vs. RUP KISHORE

JUDGEMENT

(1.) THE question for consideration in this Civil Revision is whether a certain civil court in district Moradabad is competent to dispose of an objection against an award. THE question arises under the following circumstances

(2.) RUP Kishore is a contractor of district Moradabad. There were certain disputes between RUP Kishore on one side and the Union of India and the Deputy Chief Engineer, Northern Railway, on the other side. On 1-6-1963 RUP Kishore applied to the court of the Civil Judge Moradabad for referring the dispute to arbitration under Section 20 of the Arbitration Act (hereinafter referred to as the Act). In pursuance of that application, the learned Civil Judge made a reference to arbitration. Later the case was transferred from the file of the Civil Judge, Moradabad to the file of the Judge, Small Cause Court. Moradabad, who had powers of an Additional Civil Judge. The Arbitrator gave his award on 14-5-1966. The award was submitted to court. On 5-7-1065 the Union of India filed an objection against the award. On 4-8-1965, the case was transferred from the file of the Judge, Small Cause Court, Moradabad to the file of the Additional Civil Judge, Moradabad. On 30-9-1965 the Union of India filed a preliminary objection that the court had no jurisdiction in the matter. That preliminary objection was rejected by the Additional Civil Judge, Moradabad on 12-10-1965. The present civil revision by Union of India is directed against that order, dated 12-10-1965.

(3.) SECTION 31 of the Act deals with jurisdiction. SECTION 31 states:-- "(1) Subject to the provisions of this Act, an award may be filed in any Court having jurisdiction in the matter of which the reference relates. (2) Notwithstanding anything contained in any other law for the lime being in force and save as otherwise provided in this Act, all questions regarding the validity, effect or existence of an award or an arbitration agreement between the parties to the agreement or persons claiming under them shall be decided by the Court in which the award under the agreement has been, or may be filed and by no other Court. (3) All applications regarding the conduct of arbitration proceedings or otherwise arising out of such proceedings shall be made to the Court where the award has been or may he filed, and to no other Court. (4) Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force, where in any reference any application under this Act has been made in a Court competent to entertain it that Court alone shall have jurisdiction over the arbitration proceedings and all subsequent applications arising out of that reference and the arbitration proceedings shall be made in that Court and in no other Court."