P S Heeralal, v. Shriram City Union Finance Ltd,

HON'BLE SRI JUSTICE R.SUBHASH REDDY AND HON'BLE SRI JUSTICE A.SHANKAR NARAYANA CIVIL REVISION PETITION No.4478 of 2014 ORDER : (Per Hon'ble Sri Justice R.Subhash Reddy) In this Civil Revision Petition, the petitioners have questioned the order dated 11.07.2014 in O.E.P.No.32 of 2013 in A.R.C.No.835 of 2011 passed by the learned Senior Civil Judge, Puttur. When the matter is called for hearing, it is submitted by learned counsel for the petitioners, as accepted by learned counsel appearing for the respondents, that in C.R.P.No.1340 of 2015 & batch, which was disposed of on 01.10.2015, this Court has held that the Courts of Senior Civil Judge have no jurisdiction to entertain the Execution Petitions filed under Section 36 of the Arbitration and Conciliation Act, 1996. On this sole ground, the impugned order is liable to be set aside.

Hence, following the order dated 01.10.2015 rendered by this Court in C.R.P.No.1340 of 2015 & batch, the impugned order is set aside. However, this will not preclude the petitioners from invoking the jurisdiction of competent District Court seeking enforcement of the arbitral award by filing appropriate application in accordance with law. Accordingly, the Civil Revision Petition is allowed. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

____________________________ JUSTICE R. SUBHASH REDDY ________________________________ JUSTICE A.SHANKAR NARAYANA 13.11.2015 v v