IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Tr.P(C).No. 191 of 2009() ------------------------- OP.143/2008 of D.C & SESSIONS COURT,TRIVANDRUM .................... PETITIONER:PETITIONER: ---------------------------------------- DR. P.K.GANGADHARAN NAIR, AGED 61, S/O. NARAYANAN NAIR, SOUPARNIKA, OPPOSITE AIR P.O.PALLIKUNNU, KANNUR. BY ADVS. MR.V.RAJENDRAN (PERUMBAVOOR), MR.GEORGE VARGHESE KIZHAKKAMBALAM. RESPONDENT(S): RESPONDENT: ------------------------------------------------- INDIAN MEDICAL ASSOCIATION, KERALA STATE BRANCH, ANUGRAPHA, TRIVANDRUM-695 029. BY ADVS. MR.SAJEEV MATHEW, SMT.RUBY K.JOSE. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.C.No.191 of 2009 - O --------------------------------- Dated this the 5th day of August, 2009 O R D E R Petition for transfer is filed under Section 24 CPC. Petitioner seeks transfer of a petition filed by him as O.P.No.143 of 2008 on the file of the District Court, Thiruvananthapuram to the District Court, Thalassery. The above petition has been filed to set aside an arbitral award invoking Section 34 of the Arbitration and Conciliation Act 1996, hereinafter referred to as the Act. Another petition challenging the very same award is pending before the District Court, Thalassery, is the ground canvassed for transfer in the petition. 2. Notice being given the respondent has entered appearance. 3. Learned counsel for the respondent submitted that he has no objection. But having regard to Section 36 of the Act, I find only one court as defined under Section 2(1)(e) of the Act alone can have jurisdiction to entertain the challenges against the arbitral award. It is now practically conceded by both parties Tr.P.C.No.191 of 2009 - O 2 that District Court at Thalassery is the proper court in relation to the arbitral award as defined under Section 2(1)(e) of the Act. That being so, a transfer as desired by the petitioner to that court from the District Court, Thiruvananthapuram is not possible nor entertainable because the presentation of the case before that court seems to be without jurisdiction. Petitioner can move for return of the O.P.No.143 of 2008 from the District Court, Thiruvananthapuram by filing an application, and on returning of the petition, re-present it before the District Court, Thalassery. If any such application is moved by the petitioner as indicated above, the District Judge, Thiruvananthapuram shall consider it and pass appropriate orders, as expeditiously as possible. Subject to the above observation, the petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-