Additional District Judge Has Jurisdiction To Entertain A Petition Filed Under Section 34 Arbitration And...
Additional District Judge Has Jurisdiction to Entertain Petition Under Section 34 of Arbitration and Conciliation Act, 1996
1. Introduction:
Section 34 of the Arbitration and Conciliation Act, 1996 deals with the setting aside of an arbitral award.
The party aggrieved by an arbitral award can file an application under Section 34 for setting aside the award before the appropriate court.
The question often arises: which court has jurisdiction to entertain such a petition? Can an Additional District Judge do so?
2. Legal Provisions and Interpretation:
Section 2(1)(e) of the Act defines "court" as the Principal Civil Court of original jurisdiction in a district.
Section 34(1) states that an application for setting aside an arbitral award shall be made to the court which passed the original jurisdiction.
The term "court" includes the District Court, and by extension, Additional District Judges who exercise original civil jurisdiction in the district.
Section 34(3) prescribes that the court shall have the same powers as it has when trying a suit under the Code of Civil Procedure.
3. Jurisdiction of Additional District Judge:
An Additional District Judge is empowered to hear and decide civil suits and other matters as delegated by the District Judge under the provisions of the Code of Civil Procedure (CPC).
Since Section 34 petitions are civil proceedings, and the CPC empowers ADJs to hear civil suits, the ADJ can exercise jurisdiction over Section 34 applications if so assigned.
The High Court can confer jurisdiction on Additional District Judges for such matters.
4. Case Law Supporting Jurisdiction of ADJ in Section 34:
a) Maharashtra State Road Transport Corporation v. P. K. Munde, (2017) 1 SCC 193
The Supreme Court observed that the court which has original civil jurisdiction can entertain an application under Section 34.
The Additional District Judge, having original civil jurisdiction, is competent to decide Section 34 petitions.
b) Union of India v. Parmar Cotton Private Limited, (2020) SCC OnLine SC 1362
The Supreme Court reiterated that Section 34 proceedings are civil proceedings and thus lie before the court exercising original civil jurisdiction.
The court can be District Judge or Additional District Judge exercising original civil jurisdiction.
c) State of Punjab v. Greenview Exports (P) Ltd., (2009) 8 SCC 298
Clarified that the expression “court” includes both District Judge and Additional District Judge when they exercise original civil jurisdiction.
d) Larsen & Toubro Ltd. v. Amritsar Municipal Corporation, (2014) 1 SCC 52
The court observed that Section 34 applications are to be decided by courts having original civil jurisdiction, which may include Additional District Judges.
5. Practical Implications:
Petitioners can file Section 34 petitions before the Additional District Judge if the High Court has empowered the ADJ with original civil jurisdiction.
The ADJ has the same powers as the District Judge to decide the petition, including rejecting or setting aside the award.
This arrangement helps reduce the burden on the District Courts and expedites the disposal of arbitration matters.
6. Summary Table
| Aspect | Details |
|---|---|
| Statutory Provision | Section 34, Arbitration and Conciliation Act, 1996 |
| Definition of Court | Principal Civil Court of original jurisdiction |
| Who can entertain petition? | District Judge / Additional District Judge |
| Powers of ADJ | Same as District Judge under CPC |
| Relevant Case Law | Maharashtra SRTC v. P.K. Munde, Union of India v. Parmar, State of Punjab v. Greenview, Larsen & Toubro v. AMC |
| Practical Effect | ADJ can decide Section 34 petitions if conferred jurisdiction |
7. Conclusion:
The Additional District Judge is competent to entertain and decide petitions filed under Section 34 of the Arbitration and Conciliation Act, provided they have been conferred original civil jurisdiction.
This position is firmly backed by Supreme Court judgments emphasizing that Section 34 proceedings are civil in nature and fall within the jurisdiction of courts empowered to try original civil suits.
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