19.07wp.3029.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3029 /2011 (Masood Bombaywala Hapitullabhai Bombaywala vs. Shriram Chits (Mah) Ltd and others ) ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... CORAM : R.M.SAVANT, J. DATED : 19th July, 2011. Heard Mr A M Kukday, learned counsel for the petitioner. The above petition takes exception to the order dated 7.2.2011 passed by the learned 2nd Joint Civil Judge, Sr.Dn. Yavatmal, by which order, the objection of the petitioner to the jurisdiction exercised by the Civil Court in the matter of execution of the award dated 22.3.2009 came to be rejected. The petitioner had participated in the chit scheme which resulted in a dispute arising between the petitioner and the Chit Fund i.e. respondent no.1 herein. The said dispute was referred to Registrar of the Chit Fund under section 64 of the Chit Fund Act, 1982. The Registrar pronounced an award which is dated 22.3.2009. In terms of the operative part of the award, the petitioner was held jointly and severally liable along with others, for a sum of Rs.1,10,045 /- as also Rs. 2500/- as cost and legal expenses and for the other amounts mentioned in the operative part. of the said order. The said award was put in execution by the 19.07wp.3029.11.odt 2 respondent no.1 by filing an application in the Court of Civil Judge J D Yavatmal, which execution application came to be numbered as Regular Darkhast No.191/2009. The petitioner objected to the jurisdiction of the learned Civil Judge on the ground that since it was an award passed by the Arbitrator, the execution of the same would lie with the Court of the learned District Judge. The said objection was rejected by the trial Court by the impugned order dated 7.2.2011. The executing Court relied upon section 71 of the Chit Funds Act, 1982 which inter alia provides for the manner in which the enforcement of the orders passed by the Registrar is to be carried out. On behalf of the petitioner Shri Kukday, the learned counsel would contend that since it is a award of the Arbitrator, the Arbitration and Conciliation Act, 1996 would be applicable and, therefore, the proceedings filed for execution before the learned Joint Civil Judge are not maintainable. In my view, in the teeth of the scheme as provided in the Chit Fund Act, 1982, the said submission cannot be countenanced. Under the said Act the disputes are referred to the Arbitrator in terms of Section 64. The subsequent statutory provisions unmistakably point out the application of the Civil Procedure Code to the conduct of the proceedings by the Arbitrator. The main defining sections are Sections 69 and 71. In terms of Section 69, the Registrar has to pronounce the award in respect of the disputes referred to him. In terms of Section 71 every order passed by the Registrar or the nominee under sections 68 or 69 and every order passed by the State Government in appeal under section 70 for payment of any money shall, if not carried out, be deemed to be a decree of a Civil Court and shall be executed in the same manner as decree of such Court. In my view, considering the statutory provisions, the proceedings for execution filed before the Joint Civil Judge cannot be said to be filed in a Court, which does not have 19.07wp.3029.11.odt 3 jurisdiction though the Registrar is an arbitrator in terms of the said act the machinery provided in the said Act would govern the execution of the award passed by the Registrar. In that view of the matter, the impugned order dated 7.2.2011 cannot be faulted with. No case for interference is made out. Writ Petition is accordingly dismissed. JUDGE sahare