NILA CHAKRA CONSTRUCTION Vs. STATE OF ORISSA

JUDGEMENT

(1.) The question posed in the aforesaid two revisions being common, they were heard together and are disposed of by this common judgment.

(2.) In Civil Revision No. 187 of 2003 the petitioner has challenged the order dated 4- 3-2003 of the District Judge, Phulbani in Execution Case No. 1 of 2002 transferring Against order of G.N. Patra. Civil Judge (Sr. Division), Phulbani, D/- 26-3-2003. the same to the file of the Civil Judge (Senior Division), Phulbani for disposal in accordance with law, whereas, challenge in Civil Revision No. 186 of 2003 is to be order dated 26-3-2003 of the Civil Judge (SeniorDivision), Phulbani in M.J.C. No. 11 of 2002 rejecting the objection raised by the petitioner questioning his Jurisdiction to entertain and adjudicate an application under Section 34 of the Arbitration and Conciliation Act, 1996.

(3.) Mr. Sanganerta, learned counsel for the petitioner, submits that as per Section 2 (l)(e) read with Section 42 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'), the District Judge, Phulbani being the principal Civil Court of original jurisdiction in the district, the Civil Judge (Senior Division), Phulbani lacks jurisdiction to entertain the application filed by the opposite party under Section 34 of the Act. Similarly, the District Judge, Phulbani has committed grave error in transferring the petitioner's execution case to the Civil Judge (Senior Division), Phulbani for adjudication by holding the said Court to be the Principal Civil Court of original jurisdiction in the district. Therefore, the impugned orders are liable to be set aside.