NKG INFRASTRUCTURE LTD. Vs. STATE
LAWS(UTN)-2012-11-24
HIGH COURT OF UTTARAKHAND
Decided on November 06,2012

M/s. NKG Infrastructure Ltd. Appellant
VERSUS
State And Ors. Respondents

JUDGEMENT

B.S. Verma, J. - (1.) SINCE no factual dispute is involved in this writ petition and only a legal question is to be decided, therefore, the writ petition is being decided finally today itself at admission stage with the consent of learned counsel for the parties.
(2.) BY means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 26.7.2012 passed by Additional District Judge, Almora in Arbitration Misc. Case No. 12 of 2012. An application for interim measures under Section 9 of the Arbitration and Conciliation Act was filed by the petitioner before the District Judge, Almora. It appears that subsequently the same was transferred to the court of Additional District Judge, Almora. The respondents also moved an application bearing No. 35b stating that this court has no jurisdiction under section 2(e) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) and that the matter is exclusively triable by Civil Judge (Senior Division) Almora. Before the court below, the petitioner contended that the District Judge is the principal civil court of original jurisdiction. Under Section 8(2) of Bengal, Agra and Assam Civil Court Act, 1887, the Additional District Judge has same power over the matters which the District Judge assigns to him. After hearing the parties, the learned Additional District Judge, by the impugned order dated 26.07.2012, allowed the application of the respondent and made a request to District Judge to transfer the petition u/s. 24(5) of Civil Procedure Code, 1908 to the Civil Judge (Senior Division), Almora. While dealing with the matter, the learned Additional District Judge placed reliance upon the judgment of this Court in case of National Hydroelectric Power Corporation Ltd. v. Asian Techs Rani Constructions Joint Venture and Ors., reported in : 2003 (1) U.D. 74, and relied upon para -16, which is extracted hereunder: - - 16. From the above, it is clear that Principal Civil Court of original jurisdiction in a district will be the Court where an application for enforcement of the award as decree shall have to be filed. It is not in dispute that Court of Civil Judge (Senior Division) has unlimited pecuniary jurisdiction. Consequently, the Court of Civil Judge (Senior Division) has to held as the Principal Civil Court of original jurisdiction in a district as contemplated by the definition of Court under section 2(e) of the Act...
(3.) ADDITIONAL District Judge also placed reliance upon the judgment of this Court in case of Mr. Massoud Hadiahmad v. State of Uttarakhand, : 2006 (2) U.D. 110, wherein the Division Bench of this Court has inter alia observed - .....There is no 'City Civil Court' designed in the State of Uttarakhand, therefore, in that circumstance Court of Civil Judge (Senior Division) being the Principal Civil Court has power to entertain the suit in question under section 9 of Code of Civil Procedure, 1908 read with Bengal, Agra, Assam Civil Courts Act, 1887.;


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