Case Note & Summary
The petitioner, Liladhar s/o Hemraj Agrawal, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 16.8.2005 passed by the IIIrd Adhoc Additional District and Sessions Judge, Bhandara. The impugned order returned the proceedings presented by the petitioner for grant of injunction and necessary orders under Section 9 of the Arbitration and Conciliation Act, 1996, to the District Judge, Bhandara. The Additional Sessions Judge observed that in view of Notification dated 27.2.1984, the Additional Sessions Judge has been vested with powers of District Judge for all purposes insofar as revenue district Gondia is concerned, and therefore he is the District Judge for Gondia. The petitioner had an agreement dated 1.4.2004 with respondent No.3 containing an arbitration clause. The petitioner presented an application for temporary injunction seeking a direction to respondent No.3 to accept ice from the petitioner as per the agreement. The legal issue was whether the Additional Sessions Judge had jurisdiction to entertain the application under Section 9 of the Arbitration and Conciliation Act, 1996. The court considered the arguments of the parties and held that the Notification dated 27.2.1984 clearly vests the Additional Sessions Judge with the powers of District Judge for all purposes for the revenue district of Gondia. Therefore, the Additional Sessions Judge is the District Judge for Gondia and has jurisdiction to entertain applications under Section 9. The court set aside the impugned order and directed the Additional Sessions Judge to proceed with the application in accordance with law.
Headnote
A) Arbitration Law - Jurisdiction under Section 9 - District Judge - Notification dated 27.2.1984 - The issue was whether the IIIrd Adhoc Additional District and Sessions Judge, Bhandara, had jurisdiction to entertain an application under Section 9 of the Arbitration and Conciliation Act, 1996, for the revenue district of Gondia. The court held that the Notification dated 27.2.1984 vests the Additional Sessions Judge with the powers of District Judge for all purposes insofar as revenue district Gondia is concerned, and therefore, the Additional Sessions Judge is the District Judge for Gondia. The order returning the proceedings was set aside. (Paras 1-5)
Issue of Consideration
Whether the IIIrd Adhoc Additional District and Sessions Judge, Bhandara, was correct in returning the proceedings under Section 9 of the Arbitration and Conciliation Act, 1996, to the District Judge, Bhandara, on the ground that he is not the District Judge for Gondia?
Final Decision
The court allowed the writ petition, set aside the order dated 16.8.2005 passed by the IIIrd Adhoc Additional District and Sessions Judge, Bhandara, and directed the said court to proceed with the application under Section 9 of the Arbitration and Conciliation Act, 1996, in accordance with law.
Law Points
- Interpretation of Notification under Section 2(e) of Arbitration and Conciliation Act
- 1996
- Vesting of powers of District Judge in Additional Sessions Judge for revenue district
- Jurisdiction of courts under Section 9
Case Details
2006 LawText (BOM) (02) 71
Writ Petition No. 4361 of 2004
Shri S.P. Bhandarkar for petitioner; Shri Anoop Parihar, AGP for respondents No. 1 & 2; Shri R.L. Khapre for respondent No.3
Liladhar s/o Hemraj Agrawal
Hon'ble Principal Civil Judge District Judge, Bhandara; Hon'ble IIIrd Adhoc Additional District and Sessions Judge, Bhandara; Gondia Zilla Dugdha Utpadak Sangh Limited, Gondia
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging order returning proceedings under Section 9 of Arbitration and Conciliation Act, 1996.
Remedy Sought
Petitioner sought setting aside of order dated 16.8.2005 and direction to the Additional Sessions Judge to entertain the application under Section 9.
Filing Reason
The IIIrd Adhoc Additional District and Sessions Judge returned the proceedings under Section 9 to the District Judge, Bhandara, on the ground that he is not the District Judge for Gondia.
Previous Decisions
Order dated 16.8.2005 passed by IIIrd Adhoc Additional District and Sessions Judge, Bhandara, returning the proceedings.
Issues
Whether the IIIrd Adhoc Additional District and Sessions Judge, Bhandara, has jurisdiction to entertain an application under Section 9 of the Arbitration and Conciliation Act, 1996, for the revenue district of Gondia in view of Notification dated 27.2.1984?
Submissions/Arguments
Petitioner argued that the Additional Sessions Judge is vested with powers of District Judge for Gondia by Notification dated 27.2.1984 and thus has jurisdiction.
Respondents argued that the Additional Sessions Judge correctly returned the proceedings as he is not the District Judge for Gondia.
Ratio Decidendi
The Notification dated 27.2.1984 vests the Additional Sessions Judge with the powers of District Judge for all purposes insofar as revenue district Gondia is concerned. Therefore, the Additional Sessions Judge is the District Judge for Gondia and has jurisdiction to entertain applications under Section 9 of the Arbitration and Conciliation Act, 1996.
Judgment Excerpts
By this writ petition under Articles 226 and 227 of Constitution of India, the petitioner is challenging the order dated 16.8.2005 passed by IIIrd Adhoc Additional District and Sessions Judge, Bhandara, whereby the said Court has returned the proceedings presented by the petitioner for grant of injunction and necessary orders under Section 9 of Arbitration and Conciliation Act, 1996, to District Judge, Bhandara.
The proceedings have been returned observing that in view of Notification dated 27.2.1984, the Additional Sessions Judge has been vested with powers of District Judge for all purposes insofar as revenue district Gondia is concerned and therefore he is District Judge for Gondia.
Procedural History
The petitioner filed an application under Section 9 of the Arbitration and Conciliation Act, 1996, before the IIIrd Adhoc Additional District and Sessions Judge, Bhandara. The said court passed an order on 16.8.2005 returning the proceedings to the District Judge, Bhandara. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India challenging that order.
Acts & Sections
- Arbitration and Conciliation Act, 1996: Section 9
- Constitution of India: Articles 226, 227
