Heard the parties.

This Civil Revision is directed against the order dated 4.4.2009 passed by the Additional District and Sessions Judge-IV, Patna, in Execution Case No. 4 of 2007/01 of 2008, whereby and whereunder the executing court has held in this matter, that in view of the fact that the Arbitrator was appointed by the High Court in exercise of its power under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred to as “the Act”), the execution case would be maintainable before the court below and not before the Subordinate Judge.

2. The petitioner challenges the aforesaid order chiefly on two grounds:–

(i) Since the petitioner has already moved before the Sub Judge-I, Patna, by filing Miscellaneous Case No. 14 of 2007 for setting aside the earlier award given by the sole Arbitrator, the executing court was duty bound to stay execution proceeding awaiting decision to be taken by the court concerned in the aforesaid case.

(ii) The Additional District and Sessions Judge-IV, Patna, does not have jurisdiction to proceed with the application filed under Section 36 of the Act for enforcement of the award given by the sole arbitrator.

3. Learned coun