Allowed

The Municipal Corporation of the City of Thane and Anr. v. M/S. K.N. E. Electrical Works

Bombay HC9 Jan 2009ARA/4/2005

Case brief

AI extract

What is this about?

In an arbitration appeal, the High Court set aside an order of the Joint Civil Judge that had set aside an arbitral award. The court held that the lower court lacked jurisdiction as 'Court' under the Act refers only to the principal Civil Court of original jurisdiction in the district.

What did the court decide?

The judgment of the Joint Civil Judge, Senior Division, Thane in Misc.Application No.422 of 2000 is set aside.

The Municipal Corporation of the City of Thane and Anr. Vs M/S… — Arbitration | Bombay HC (2009)

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. rng

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
 ARBITRATION APPEAL NO. 4 OF 2005

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 The Municipal Corporation of
 the City of Thane .. Appellant

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Vs.

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 M/s K.N.E.Electrical Works & anr.. Respondents

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 Mr.Mandar Limaye for Appellant
 Mr.V.Y.Bodke i.b M/s Chitnis Vaithy & Co for
 Respondents

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 CORAM : DR.D.Y.CHANDRACHUD, J

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DATED : 9TH JANUARY, 2009

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P.C.

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 1. By a judgment dated 6th July, 2004 the Joint
 Civil Judge, Senior Division, Thane set aside an
 arbitral award dated 19th May 2000 in exercise of
 jurisdiction under section 34 of the Arbitration
 and Conciliation Act, 1996 and remitted the
 proceedings back to the Municipal Commissioner of
 the appellant, who was the Sole Arbitrator.

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 2. On behalf of the appellant, it has been
 submitted that the Joint Civil Judge, Senior
 Division, Thane before whom an application under
 section 34 of the Arbitration and Conciliation
 Act, 1996 was filed had no jurisdiction in view of
 the judgment of the Full Bench of this Court in
FOUNTAIN HEAD DEVELOPERS VS MARIA ARCANGELA

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SEQUEIRA reported in 2007 (3) Maharashtra Law

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Journal 744. The Full Bench has held that under

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 section 2 (e) of the Act the expression " Court "
 having been defined as the principal Civil Court
 of original jurisdiction in the district, it is
 the District Court and not a Civil Court of a
 grade inferior to such principal Civil Court which
 would have jurisdiction. In view of the Judgment
 of the Full Bench, the Joint Civil Judge, Senior
 Division at Thane had no jurisdiction to entertain
 the application for setting aside the award. The
 appeal shall accordingly have to be allowed. The
 judgment of the Joint Civil Judge, Senior
 Division, Thane in Misc.Application No.422 of 2000
 is accordingly set aside. However, it is
 clarified that since the appeal has been allowed
 only on the question of jurisdiction, it will be
 open to the respondents to pursue such remedies as
 are available in law for challenging the arbitral
 award.

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 { Dr.D.Y.Chandrachud, J }

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 .PL60

The Municipal Corporation of the City of Thane and Anr. v. M/S. K.N. E. Electrical Works

Case brief

What is this about?

What did the court decide?

The Municipal Corporation of the City of Thane and Anr. v. M/S. K.N. E. Electrical Works

Case brief

What is this about?

What did the court decide?

What the court decided

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