2001 Supreme(Kar) 661
Karnataka High Court
VALLIAPPA SOFTWARE TECHNOLOGICAL PARK (PRIVATE) LIMITED, BANGALORE - Appellant
Versus
C.SUNDARAM - Respondent
Decided On : 10-18-01
C.R.P. : 1501 of 2001
C.V.Sudhindra, KRISHNAPPA KARANDUR, VIJAYASHANKAR
All the City Civil Courts constituted under the Bangalore City Civil Courts Act, 1979 are deemed to be Principal City Civil Courts of original jurisdiction, and each of the Judges has the jurisdiction to entertain arbitration matters arising under the Act of 1996.
Headnote:
Arbitration - Jurisdiction - Arbitration and Conciliation Act, 1996 - Section 9 - Section 42 - The court discussed the jurisdiction of the Principal Civil Court of original jurisdiction in a district, and the deeming provision under the Bangalore City Civil Courts Act, 1979. The court held that all the City Civil Courts constituted under the Act are deemed to be Principal City Civil Courts of original jurisdiction, and each of the Judges has the jurisdiction to entertain arbitration matters arising under the Act of 1996.
Fact of the Case:
The 12th respondent filed revision petitions challenging the orders passed by the Court below, which held that it had jurisdiction to decide the application filed under Section 9 of the Arbitration and Conciliation Act, 1996, and rejected the request of the 12th respondent to reject the plaint under Order 7, Rule 11-A of the CPC for want of cause of action.
Finding of the Court:
The court found that the City Civil Courts constituted under the Bangalore City Civil Courts Act, 1979 are deemed to be Principal City Civil Courts of original jurisdiction, and each of the Judges has the jurisdiction to entertain arbitration matters arising under the Act of 1996.
Issues: The main issue was to determine the jurisdiction of the Principal Civil Court of original jurisdiction in a district and the applicability of the deeming provision under the Bangalore City Civil Courts Act, 1979.
Ratio Decidendi: The court held that all the City Civil Courts constituted under the Act are deemed to be Principal City Civil Courts of original jurisdiction, and each of the Judges has the jurisdiction to entertain arbitration matters arising under the Act of 1996.
Final Decision: The court dismissed the revision petitions, holding that the City Civil Courts constituted under the Act are deemed to be Principal City Civil Courts of original jurisdiction, and each of the Judges has the jurisdiction to entertain arbitration matters arising under the Act of 1996.
( 1 ) THE 12th respondent in the Court below has preferred the above two revision petitions challenging the orders passed by the Court below holding that the said Court has got jurisdiction to decide the application filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to in short 'act') and also the order rejecting the request of the 12th respondent to reject the plaint under Order 7, Rule 11-A of the CPC for want of cause of action.
( 2 ) THE first respondent herein filed an application under Section 9 of the Act against the petitioner herein and other eleven parties for an interim order by way of injunction restraining the respondent 1 from collecting any amount by way of rent from respondents 2 to 11 in occupation of the portion of the property belonging to the firm at No, 71, millers Road, Bangalore, till the award is passed by the Tribunal and for appointing the petitioner jointly with the respondent as joint receivers to manage the affairs of the firm till the order from the Tribunal and for interim orders. In the said application a prayer was made for interim orders. As the respondents had entered Caveat they were notified. The respondents filed objections to the aforesaid applications. In addition to that, they have also filed an application LA. No. 6 under Order 7, Rule ll (a) read with Section 151 of the CPC and the 12th respondent sought for rejection of the petition insofar as the petition as against the other respondents. 2 to 5, 6, 9, 10 and 11 are concerned. The 12th respondent also filed an application LA. No. 7 under Section 42 of the Act praying that the petition be returned to the petitioner for presentation before appropriate Court of jurisdiction to decide the case in accordance with law. The said applications were opposed by filing detailed statement of objections.
( 3 ) THE learned Trial Judge, after hearing both the parties at length has rejected both these applications by separate orders. Aggrieved by the said orders, the above two CRPs are filed.
( 4 ) CRP No. 1503 of 2001 is preferred against the order passed on LA. No. 7 filed under Section 42 of the Act, holding that the Court had jurisdiction to entertain the petition filed by the petitioners.
( 5 ) SRI C. V. Sudhindra, learned Counsel appearing for the petitionersubmits, that under Arbitration Act the Court which has the jurisdiction to entertain the aforesaid application has been defined. It is only the principal Civil Court of original jurisdiction in District which has the jurisdiction to entertain the application under the Act. In the instant case, the VI Additional City Civil Judge, Bangalore, who has passed the impugned order is not the Principal City Civil Court of original jurisdiction as defined under the Act, and therefore he contends the order passed by the Court below is one without jurisdiction and the Court ought to have returned the application for presentation before appropriate court.
( 6 ) HE further submits that the deeming provision contained under Section 3 (3) of Bangalore City Civil Courts Act makes it very clear that the other City Civil Courts are deemed to be the Principal City Civil court of original jurisdiction in the City of Bangalore, therefore, by adopting the said deeming provision, the legislature has made it very clear that the class of Courts which are otherwise inferior/not equal were made equal to the Court as provided under Section 2 (e) of the Act and therefore the said Court is not a Principal City Civil Court of origi nal jurisdiction. Therefore, the impugned order passed by the Additional court stating that it has the jurisdiction to entertain the application under Section 9 of the Arbitration Act is erroneous and liable to be set aside.
( 7 ) SRI Vijayashankar, learned Senior Counsel for the respondent supporting the order of the Court below submitted, Bangalore City Civil courts Act, 1979 provides for establishment of City Civil Courts at Bangalore. T