Jurisdiction To Execute An Arbitral Award Is With District Court, Not Commercial Court: Kerala High Court
Case: M/S. Beta Exim Logistics (P) Ltd. V M/S. Central Railside Warehouse Co., Ltd.
Coram: Justice C S Dias
Case No.: OP(C) NO. 2400 OF 2022
Court Observation: Going by the scheme of the C.C. Act, the express exclusion of suits and applications reserved for judgment from the purview of transfer and the conscious omission of the provisions relating to execution proceedings under the Code of Civil Procedure in the schedule to the C.C. Act, urges me to agree and endorse the ratio decidendi in Shaji Augustine (supra), that applications mentioned in Section 15 of the C.C. Act do not include execution applications.
Thus, if a more expansive interpretation is given to the word application falling under Section 15 of the C.C. Act, to include execution petitions also, then necessarily all the execution petitions pending before all the civil courts falling within the ken of the C.C. Act will have to be transferred to the Commercial Courts, which in turn will clog the special courts with such matters. Moreover, no practical purpose will be served by such transfer because the Special Courts are not conferred with any additional power than that of the Civil Courts, to speed track execution proceedings, as execution proceedings have been omitted in the schedule attached to the C.C. Act. Without a faster timeline provided under the C.C.Act, to enforce an award, it is immaterial whether the award is executed by the Civil Court or the Commercial Court.
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Keywords
Jurisdiction To Execute, Arbitral Award
