R.K.DESHPANDE, A.S.CHANDURKAR, M.G.GIRATKAR
Gemini Bay Transcription Private Ltd. – Appellant
Versus
Integrated Sales Service Ltd. – Respondent
A.S. CHANDURKAR, J.
1. The facts leading to this reference to the Full Bench are that the respondent No. 1 in Writ Petition Nos. 6066 of 2012 and 4682 of 2012 being the decree holder initiated execution proceedings under Section 48 of the Arbitration & Conciliation Act, 1996 [for sake of brevity, "the Act of 1996"] for enforcement of the foreign Award dated 29th March, 2001. The learned Principal District Judge assigned this matter to District Judge-10 in exercise of powers under Section 16 of the Maharashtra Civil Courts Act, 1869 [for sake of brevity, "the Act of 1869"]. The Petitioners-judgment debtors took the stand that in view of provisions of Section 2(1)(e) of the Act of 1996, the proceedings could not have been so transferred and the execution proceedings ought to have been prosecuted in the Court of Principal District Judge himself. The objection in that regard was rejected on 21st August, 2012 which is the subject-matter of challenge in both the Writ Petitions. When the Writ Petitions were pending before the learned Single Judge, they were amended for challenging Office Order dated 17th November, 2011 whereby the Principal District & Sessions Judge, Nagpur, issu
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