- (1.) Common question that cropped up for consideration in all the three revisions, is whether the District Judge designated by the Chief Justice, as "authority" to deal with the request for taking necessary measures under sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996, is subordinate to the High Court within the meaning of Section 3 of the Code of Civil Procedure (for short CPC), for making its order revisable under Section 115, CPC?
(2.) This question arises in the following circumstances - (i) In connection with the contract works certain dispute arose between the Union of India and the contractor non-petitioners. Thereafter Claims were referred to the Arbitrator. While the proceedings were in progress before the Arbitrator, the Contractor non-petitioners submitted applications under Section 11 of the Arbitration and Conciliation Act, 1996 (for short the New Act) before the District Judge, Jodhpur praying therein that the scope of Arbitration be expanded with a direction to the Arbitrator to take cognizance of all the claims. (ii) The learned District Judge, Jodhpur vide order dated December 19, 1997 allowed the application and issued directions that claims referred in the application shall also be referred to the Arbitrator for adjudication who shall give his award within a period of four months. (iii) The Union of India and other petitioners have assailed the said order of the learned District Judge by filing the instant revisions under S. 115, CPC. (iv) Preliminary objection was raised by the K.N. Joshi, learned counsel for the contractor non-petitioners (for short the contractors) in respect of maintainability of the revision petitions. It was vehemently contended that the learned District Judge appointed under sub-section (6) of Section 11 of the New Act is a persona designata and his orders cannot be revised under Section 115, CPC by the High Court. On the other hand Mr. J.P. Joshi, learned counsel for the Union of India canvassed that the orders of District Judge are revisable under Section 115, CPC.
(3.) Before, I deal with the rival submissions in detail, it will be useful to examine the relevant statutory provisions. For application of Section 115, CPC it is necessary that order impugned should be an order of a Court subordinate to the High Court. According to Section 3, CPC the District Court is subordinate to the High Court. Therefore in order to adjudge whether District Judge acts as a Court or as a persona designata, the entire scheme of the New Act shall have to be looked into.;