IN THE HIGH COURT OF CHHATTISGARH
, CJ
A Suo Moto Taken Writ v. State of Chhattisgarh
1. This suo motu petition under Art.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 R.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 S.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 can be considered by any of the Distr
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