O.N.Khandelwal, J. - (1.) THIS revision under Section 115 of the C.P.C. has been preferred against the order dated 2.4.2004, passed by District Judge, Lucknow in an execution case whereby revisionists' objection moved under Section 47 of the C.P.C. has been rejected.
(2.) RELEVANT facts of the case, are that in pursuance of an agreement between the parties of this revision, with regard to execution of some work in Joshi Math, district Chamoli (now in Uttaranchal), the dispute was referred to the arbitrator by order of the High Court dated 24.3 1998 under Section 11 (6) of the Arbitration and Conciliation Act, 1996. Sri G. S. Pandey the then District Judge, Faizabad, was appointed as arbitrator. The claim of the respondent was allowed partly whereby he was held entitled to get Rs. 2,24,111 alongwith interest from the opposite party (i.e., State of U. P. and the Engineer-in-Chief P.W.D., Lucknow). The award dated 12.7.2002 was put to execution against the revisionists. The revisionists in their objection under Section 47 of the Code of Civil Procedure raised two objections. Firstly, that after coming into force of U. P. Re-organisation Act, 2000, district Chamoli having become part of newly created State of Uttaranchal, it was the State of Uttaranchal, which is liable to satisfy the decree and secondly that since the award was passed after the creation of the State of Uttaranchal, therefore, the Court at Lucknow had no jurisdiction to proceed with the execution. Both these objections have been rejected by the learned District Judge, Lucknow, against which this revision has been filed.
(3.) I have heard the learned standing counsel appearing on behalf of the revisionist and Sri J. P. Goel appearing on behalf of the respondent-decree holder. It was contended by the respondents that Clause 32 (C) of the general conditions of contract which constitutes the arbitration agreement between the parties makes following provisions regarding the Court, which will have jurisdiction to execute the award : "Any suit or application for the enforcement of this arbitration clause shall be filed in competent court at Lucknow, and no other court of any other district of the Pradesh or outside Uttar Pradesh shall have any jurisdiction in the matter. The award of the Arbitrator shall be final, conclusive and binding on both parties of the contract." ;