Arbitration Award--Objection--Framing of Issues under O.14, R.1 CPC as in regular suit, are not required to be mandatory framed by the Court.
Arbitration Award--Objection--Court is not bound to grant opportunities to parties to lead evidence as in regular civil suit.

Mr. Hemant Gupta, J.: - Challenge in the present revision is to an order passed by learned Additional District Judge on 14.3.2011 (Annexure P-2), whereby in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short the ‘Act’), the learned Court has framed the issues and fixed the case for evidence of the objector relying upon the judgment of learned Single judge of this court reported as Amrik Singh and another v. Vardhan Properties Investment Ltd., 2007 (1) PLR 294.

2. The challenge to the said order is in view of the judgment of Hon’ble Supreme Court reported as Fiza Developers & Inter-Trade P. Ltd. v. AMCI (I) Pvt. Ltd, (2009)17 SCC 796, wherein it has been held that an application under Section 34 of the Act cannot be tried as a regular civil suit and the procedure adopted by the learned Court in framing the issues is not correct. It is argued that calling upon the objector to lead evidence negates the very object of the Act for expeditious conclusion of the disputes with minimal interference by the Courts.

3. When the matter came up for hearing before the learned Single Judge of this Court on 7.5.2012, learned Single Judge expressed reservation with the judgment relied upon by the learned trial Court. In view of the judgment of Hon’ble the Supreme Court in Fiza Developers’ case (supra), the following question was framed for the decision by the Larger Bench: -

“Whether issues as contemplated under Order 14 Rule 1 CPC should be framed in application under Section 34 of the Arbitration and Reconciliation Act, 1996, keeping in view of Punjab, Haryana and Union Territory, Chandigarh Arbitration and Conciliation Rules, 2003.?

4. The matter came up for hearing before this Bench on 17.9.2012. After hearing the arguments at some length, it transpired that all the learned counsel appearing before this Bench are in fact canvassing the proposition that the Principal Civil Court of Original Jurisdiction is not obliged to frame issues. Therefore, to examine the counter view, if any, Mr. Arun Palli, learned Senior Counsel was requested to assist this Court as Amicus Curiae.

5. We have heard the arguments addressed by learned counsel for the parties as well arguments advanced by Advocate General, Haryana, Mr. Sidhu, learned Addl. A.G., Punjab, Mr. Kaushal, learned Advocate for Chandigarh Administration. The learned Amicus Curaie has assisted this Court in commendable manner.

6. On the basis of the arguments advanced, we find that to answer the question of law framed by learned Single Judge, the following aspects need to be taken into consideration: -

1. The extent of applicability of the Code of Civil Procedure and/or Indian Evidence Act to the Arbitral Tribunal and to the Principal Civil Court of Original Jurisdiction;

2. Whether the Punjab, Haryana and Union Territory, Chandigarh Arbitration and Conciliation Rules, 2003 are inconsistent with Section 19 of the Act which contemplates that the provisions of the Code of Civil Procedure shall not be applicable to the proceedings before the Arbitral Tribunal?

7. To examine the contentions raised, certain statutory provisions from the Arbitration and Conciliation Act, 1996; the Code of Civil Procedure,1908 (for short the ‘Code’) and the Indian Evidence Act 1872, need to be extracted: -

“Arbitration and Conciliation Act, 1996

2. (1) In this Part, unless the contest otherwise requires: -

(a) to (d) xx xx xx

(e) “Court” means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subjectmatter of the arbitration if the same had been the subjectmatter of a suit, but does not include any civil court of a grade inferior to such principal Civil Court, or any Court of Small Causes;

xx xx xx

19. Determination of rules of procedure- (1) The arbitral tribunal shall not be bound by the Code of Civil Proced