OM PRAKASH SARAOGI & ANR Vs. VIVEK SARAOGI

JUDGEMENT

(1.) This revisional application is directed against Order No. 69 dated 7th

(2.) July 2008 passed by the Civil Judge, (Senior Division), Sealdah, in Title Execution No. 6 of 2004 by which an application for execution of an award is dismissed.

(3.) Parties by consent referred the dispute to an arbitrator who published an award on the basis of a joint compromise petition. The said award is sought to be executed by the petitioner before the Civil Judge (Senior Division), Sealdah. By the impugned order, the executing Court rejected the said application for execution on two grounds; firstly, registration of the award, under Section 17 (1) (e) of the Registration Act, is compulsory and secondly, the Court of the Civil Judge (Senior Division), as envisaged under Section 2 (e) of the Arbitration & Conciliation Act, 1996, is not the principal Civil Court of the district.