Suresh Mohan Chopra & Ors. vs G.P.Ahuja
2009 Latest Caselaw 1406 Del

             * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                                   Date of Reserve: 9.4.2009
                                                                Date of Order: 15th April, 2009

OMP No. 151/2007
%                                                                           15.4.2009

        Suresh Mohan Chopra & Ors.                ... Petitioners
                      Through: Mr. Sumit R. Sharma, Advocate

                   Versus


        G.P.Ahuja                                                           ... Respondent
                                Through: Mr. Kapil Kher &
                                Mr. Rishi Manchanda, Advocates


JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the
judgment?                                                                                Yes.

2. To be referred to the reporter or not?                                                Yes.

3. Whether judgment should be reported in Digest?                                        Yes.

ORDER

These objections under Section 34 of the Arbitration & Conciliation

Act, 1996 have been received from the District Court as learned Additional

District Judge vide its order dated 13.3.2007 relaying on 2003(3) Arb. LR 530

(Delhi) considered that since the appointment of the Arbitrator under Section

11(6) of the Act was made by this Court (High Court), any subsequent

application/petition challenging the award has to be filed before the High Court

and not before the District Court. The judgment relied upon by the learned ADJ

is not a good law. The Supreme Court in Garhwal Mandal Vikas Nigam Ltd. v.

Krishna Travel Agency 2007(Suppl.) Arb. LR 1 (SC) observed that even if the

appointment of arbitrator is made by the High Court or the Supreme Court under

Section 11(6), the principal civil court of original jurisdiction remains the District

Court and not the High Court or the Supreme Court. The objections can be filed

only before the principal civil Court of original jurisdiction as defined in Section

2(1)(e) of the 1996 Act. The same proposition of law was reiterated by the

Supreme Court in Bharat Coking Coal Limited v. H.P.Biswas and Company

2007(Suppl.) Arb. LR 6 (SC).

2. The objections in this case have been filed against an award which

is for an amount of less than Rs.20 lac. I, therefore, consider that this petition

under Section 34 of the Arbitration & Conciliation Act, 1996 has to be decided by

the District Court. The matter is sent back to District Judge (Central) Delhi, who

will assign it to the proper District Court.

Parties to appear before the District Judge (Central), Delhi on 24th

April, 2009.

April 15, 2009                                           SHIV NARAYAN DHINGRA, J.
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