NIRANJAN SOREN Vs. SENIOR REGIONAL MANAGER

JUDGEMENT

(1.) THIS application has been filed under section 34 of the Arbitration and Conciliation Act, 1996, (hereinafter called the 'Act') to set aside the award dated 28 -4 -1999.

(2.) A preliminary objection has been filed on behalf of the opposite party contending that such petition is not maintainable in the High Court. Counsels for both parties have been heard on the question of maintainability of the petition only. Learned counsel appearing for the petitioner has submitted that an arbitrator is to be appointed by the Chief Justice of the High Court or the person or the institution designated by him andsuch application for setting aside the award should be filed before the High Court. In this connection, it is contended that as per the definition contained in section 2(1)(e) of the Act, the expression 'Court' includes the High Court.

(3.) THE alternative submission made by the counsel for the petitioner that 'Court' includes the High Court and under the scheme framed by the Chief Justice of the Orissa High Court provisions having been made for making request for appointment of arbitrator before the Chief Justice, application for setting aside the award can be filed before the High Court is equally untenable. Section 2(1)(e) of the Act defines the expression 'Court'. Under the definition the expression 'Court' means the principal Civil Court of original jurisdiction in a district and includes the High Court in exercise of its ordinary original civil jurisdiction having jurisdiction to decide the questions forming the subject matter of the arbitration if the same had been the subject matter of a suit. This inclusive definition is meant to cover those High Courts which in exercise of their ordinary original civil jurisdiction have jurisdiction to decide suits. In other words, High Courts like High Court of Bombay, High Court of Madras and High Court of Calcutta having ordinary original civil jurisdiction to decide suits are meant to be coveted within the inclusive portion of the definition. It is well -known that all the High Courts in India do not have ordinary original civil jurisdiction to decide all suits (though they may have such authority to transfer any suit and try by themselves). In places where the High Courts do not have ordinary original civil jurisdiction, the expression 'Court' means the principal Civil Court of original jurisdiction in a district having jurisdiction to decide the questions forming the subject matter of the arbitration if the same had been the subject matter of a suit. In such places the High Court does not have any jurisdiction to set aside the award under section 34 of the Act or enforce the same as a decree. Applications for setting aside the award in such places are to be filed in the principal Civil Court which would have jurisdiction otherwise to decide the questions forming the subject matter of the arbitration had it been the subject matter of a suit. In such view ofthe matter, the present application under section 34 of the Act, filed in the High Court is not maintainable and the petitioner is required to file such application before the principal Civil Court of original jurisdiction in the district having jurisdiction to decide the questions forming the subject matter of the arbitration. It has to be emphasised that the expression 'Court' as contained in sections 9, 34 and 36 of the Act must have the same meaning as indicated in section 2(1)(e) of the Act.