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(Guest)

District judge has power to enforce award of arbitrator

District judge alone has jurisdiction to enforce order passed by arbitrator

 
It is a settled law vide para (16) of the judgment of the Full Bench of this Court in M/s. Fountain Head Developers & etc. etc. v. Mrs. Maria Arcangela Sequeira deceased by L.Rs. & Ors., etc. (AIR 2007 Bombay 149) that the District Judge in a District alone is the principal Civil Court of original jurisdiction and does not include any Court subordinate to him. The word "Court" must, therefore, be given the same meaning wherever it appears in Part I of the Arbitration and Conciliation Act, 1996. Thus, the word "Court" occurring in Section 36 must be held to be a Court of District Judge also for the purpose of enforcement of the award.
Bombay High Court
The Akola Janata Commercial vs And District Akola on 23 December, 2010
Bench: S.A. Bobde, P. D. Kode


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