ALOK KUMAR BASU, J.

( 1 ) DESPITE service of notice, none appears on behalf of the State Respondents. Affidavit of service filed today be kept on record.

( 2 ) THIS is an application filed under Article 227 of the Constitution challenging order dated 27. 6. 02 passed by the Id. Civil Judge (Sr. Div.), Cooch behar in Title Execution No. 2 of 02.

( 3 ) THE fact of the case is that the petitioner herein got an arbitration award relating to a work within the jurisdiction of Cooch Behar Sadar and to enforce with arbitration award in accordance with section 36 of the Arbitration and conciliation Act, 1996, the petitioner filed an appropriate application before the Court of Civil Judge (Sr. Div.), Cooch Behar.

( 4 ) THE learned Civil Judge (Sr. Div.), Cooch Behar by his order dated 27th june, 2002 after considering section 2 (e) of the Arbitration Act read with section 42 and also after considering section 2 (4) of the Civil Procedure Code was of the view that he not being the Principal Civil Judge as mentioned in section 2 (e) of the Arbitration Act, he has no jurisdiction to entertain the application for enforcement of the arbitration award and hence, he refused to entertain the sai

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