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M/s. Cholamandalam Investment & Finance Company Ltd., Formerly known as Cholamandalam DBS Finance Ltd, Rep. By its Authorised Power of Arrorney Holder, J. Rajastephen v/s V. Natarajan & Another

    C.R.P (NPD) No. 4690 of 2014

    Decided On, 08 December 2014

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE K. KALYANASUNDARAM

    For the Petitioner: G. Jeremiah, Advocate. For the Respondents: ------



Judgment Text

(Prayer: Petition is filed under Article 227 of the Constitution of India, praying to allow the civil revision petition and direct the learned Principal District Judge, Erode to number the Execution Petition in E.P.R.Sr.No.1302 of 2014 and dispose the same.)

1. This revision is filed praying for a direction to the learned Principal District Judge, Erode to number the execution petition in E.P.R.Sr.No.1302 of 2014.

2. The petitioner is the decreee holder in the award passed by the Arbitration Tribunal Chennai in Arbitration case No.577 of 2012. The petitioner filed the execution petition for recovery of Rs.1,47,247/- by way of attachment and sale of the properties of the judgment debtor. The execution petition was returned with an endorsement that the value of the award amount is below Rs.10lakhs, presented before proper court.

3. Mr.G.Jeremiah learned counsel for the petitioner submitted that as per the provisions of the Arbitration and Conciliation Act, the Prinicpal District Judge, has jurisdiction to entertain the execution petition.

4. It is useful to refer Section 2(e) and Section 36 of the Arbitration and Conciliation Act.

Section 2(e)"Court" means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes;

Section 36 of the Arbitration and Conciliation Actreads as follows;

"36. Enforcement.-Where the time for making an application to set aside the arbitral award under section 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the Court."

5. A plain reading perusal of the above provisions would show that the award passed under the Arbitration and Conciliation Act shall be enforced under the Code of Civil Procedure in the same manner as if it was a decree of the Civil Court and the Principlal District Judge has jurisdiction to exclude the award.

6. In R.Sathajah @ Pitchai and Others vs. R.Vazhavanthammal and Others reported in 2013 (2) T.N.C.J. 755 (MAD)(MB) a similar question arose in that case and this court relying upon the judgment reported in AIR 2001 Knt. 364 held that the District Court or Principal District Judge has got power to execute the award. I am of the view that the judgment is applicable

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to the facts of this case. 7. In the result the Civil Revision Petition is allowed. The Principlal District Judge, Erode is directed to number the execution petition and to dispose the same in accordance with law. Registry is directed to return the EP papers to the petitioners. No cost.
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