INDUSTRIAL INCUBATORS PVT LTD Vs. WATERBASE LTD

JUDGEMENT

(1.) IT appears that an award was passed in an arbitral proceeding by the Arbitration Tribunal under the Arbitration and Conciliation Act, 1996. The execution proceeding to execute the award was filed before the Madras High Court. The High Court of Madras, finding that the property schedule mentioned in the execution proceeding situates within the jurisdiction of the State of Orissa, transferred the said execution proceeding numbered as E.P. No.9 of 2005 in Arbitration No.1 of 2002 to this Court.

(2.) UNDER Annexure -2 dated 25.10.2006, the Superintendent of this Court sent the aforesaid execution proceeding along with all enclosed papers to the Civil Judge (Senior Division), Balasore in his covering letter dated 25.10.2006 to take action at his end. The petition was filed by the petitioner before the learned Civil Judge (Senior Division), Balasore, inter alia, contending that the said execution proceeding is not maintainable before him. The learned Civil Judge (Senior Division), Balasore, by the impugned order, concluded that such objection should be overruled, in view of the fact that the execution proceeding has been transferred to him by this Court.

(3.) IT is needless to mention here that even conceding that the Superintendent of this Court has transferred the said document and papers relating to the said execution proceeding to the learned Civil Judge (Senior Division), Balasore, but, if in fact, the said Civil Judge lacks inherent jurisdiction under law to proceed with the said execution proceeding, just because this Court has dispatched the records to him, the same cannot fix jurisdiction on him to proceed with the said execution proceeding, if under law, he lacks such jurisdiction.