MRS. RUPA MADHAV Vs. SRI SHARAT KUMAR

JUDGEMENT

(1.) Heard learned senior counsel, Mr. Anil Kumar Jha for the petitioners, the learned counsel Mr. Manoj Kumar Sinha for the respondent No. 1.

(2.) Perused the impugned order dated 15.09.2016 passed by District Judge, Patna in Miscellaneous Case No. 65 of 2016, whereby the learned District Judge permitted the respondent No. 1 to withdraw the miscellaneous case and file it before the appropriate court.

(3.) The learned senior counsel Mr. Jha for the petitioners submitted that in view of the provision as contained in Sec. 2 (e) of the Arbitration and Conciliation Act, 1996, the enforcement of the award can be done by the Civil Court of original jurisdiction only that is the District Judge. Therefore, the District Judge himself should have entertained the miscellaneous case but without considering this provision, the District Judge has permitted the respondent to withdraw the miscellaneous case and after withdrawal of the miscellaneous case the respondent No. 1 has filed the miscellaneous case before the Execution Munsif for enforcement of the arbitral award. According to the learned senior counsel, the miscellaneous case for enforcement of arbitral award before the Execution Munsif is not maintainable. Therefore, the order passed by the District Judge is without jurisdiction.