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2018 Supreme(Chh) 308

PRASHANT KUMAR MISHRA, MANINDRA MOHAN SHRIVASTAVA, RAM PRASANNA SHARMA
A Suo Moto Taken Writ Petition – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
Dr. N.K. Shukla, Shri Pramod Verma, Shri Prafull N. Bharat, Shri Sunil Otwani

ORDER :

Prashant Kumar Mishra, J.

1. This suo moto petition under Article 227 of the Constitution of India is a reference made to the Full Bench by Hon’ble the Chief Justice on a request made by the District & Sessions Judge, Durg, in its memo dated 5-3-2018 to the effect that 859 Arbitration Cases are pending before the District & Sessions Judge i.e. the Principal Civil Court of Original Jurisdiction which cannot be transferred to the Court of Additional District Judge(s) functioning within his jurisdiction in view of the judgment rendered by this Court in the matter of Raipur Development Authority v M/s Sarin Construction Company, Raipur (AIR 2006 Chh. 12), therefore, requesting the High Court to issue guidelines for transfer of the pending Arbitration cases.

2. Hon’ble the Chief Justice has, therefore, exercised the power under Rule 28(3) of the High Court of Chhattisgarh Rules, 2007 to place the following issue for consideration before the Full Bench :

“Whether applications for execution of Arbitration Awards under Section 36 of the Arbitration and Conciliation Act, 1996 and other applications under that Act which could lie before the Principal Civil Court of Original Jurisdiction










































































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