UNION OF INDIA Vs. GIRDHARI LAL

JUDGEMENT

(1.) Common question that cropped up for consideration in all the three revisions, is whether the District Judge designated by the Chief Justice, as "authority" to deal with the request for taking necessary measures under sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996, is subordinate to the High Court within the meaning of Section 3 of the Code of Civil Procedure (for short CPC), for making its order revisable under Section 115, CPC?

(2.) This question arises in the following circumstances -

(3.) Before, I deal with the rival submissions in detail, it will be useful to examine the relevant statutory provisions. For application of Section 115, CPC it is necessary that order impugned should be an order of a Court subordinate to the High Court. According to Section 3, CPC the District Court is subordinate to the High Court. Therefore in order to adjudge whether District Judge acts as a Court or as a persona designata, the entire scheme of the New Act shall have to be looked into.