IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Tr.P(C).No. 25 of 2009() ------------------------ OP(ARB).1582/2008 ON THE FILE OF DIST. COURT (WAKF TRIBUNAL), ERNAKULAM .................... PETITIONER/RESPONDENT -------------------- SUMEENA ASHRAF, AGED 48 YEARS, W/O. ASHARAF, THEKKEKEECHERI HOUSE, SREDURGA NAGAR, ULIYAKOVIL P.O., KOLLAM. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT/PETITIONER ----------------------------- M/S MUTHOOT LEASING AND FINANCE LTD., MUTHOOT CHAMBERS, 2ND FLOOR , KURIAN TOWERS, BANERJI ROAD, ERNAKULAM , COCHIN 682 018, REP. BY ITS POWER OF ATTORNEY HOLDER MS.SHEEBA PV ADV. SRI.C.S.MANILAL FOR R1 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No.25 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 15th September, 2009 ORDER Petition for transfer is filed under Section 24 of the C.P.C. A petition filed under Section 9 of the Arbitration & Conciliation Act, 1996, hereinafter referred to as 'the Act', numbered as O.P.(Arb.) No.1582 of 2008 on the file of the District Court (Wakf Tribunal), Ernakulam is sought to be transferred to the District Court, Kollam. The reasons stated for such request is that the petitioner is disabled and thus unable to go over and conduct the case at Ernakulam. 2. Notice being issued, the respondent has entered appearance. I heard the counsel on both sides. 3. After hearing the submissions of the learned counsel at length and taking note of the provisions covered by the Arbitration & Conciliation Act, 1996, especially Section 2(e) of that Act defining a 'court', I find that the request for transfer is not entertainable. Section 2(e) of the Act defines a 'court' as the principal Civil Court of original jurisdiction having jurisdiction to decide the questions forming the subject matter of the arbitration, if the same had been the subject matter of a suit. That being so, the application moved under Section 9 of the Act before the District Court, Ernakulam is not liable Tr.P.C.No.25/09 - 2 - to be transferred to a District Court in a different place without sufficient grounds made out for such transfer. However, I notice the transmitting of the application to the Wakf Tribunal from the District Court where it is now pending cannot be approved. Even if the Wakf Tribunal is also entertaining civil matters transmitted from the District Court, it will not be proper to transmit an application under Section 9 of the Arbitration Act to that Tribunal. The Wakf Tribunal is directed to transmit the records of the case to the District Court, Ernakulam, which on receipt of the records, shall consider and dispose the application, on merits. Whatever challenges available to the petitioner including the question of jurisdiction can be agitated before the District Court, Ernakulam, on transfer and retransmission of the records by the Wakf Tribunal. Subject to the above direction, the Transfer Petition is closed. srd S.S. SATHEESACHANDRAN, JUDGE