Even if the word ‘application’ is mentioned in sub-section (2) of Section 15, it would mean an original application and not an application for execution of the award which is preferred after the award has been delivered, the Bench said.
The Chhattisgarh High Court has held that an application for execution of an arbitral award pending before the district judge is not transferable to the commercial court under Section 15(5) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015.
The bench of Justice Prashant Kumar Mishra and Justice Ram Prasanna Sharma held thus while considering an application for transfer of pending execution application before the civil court to the commercial court.
It was argued before the court that under Section 15 (2) of the Act, 2015, all suits and applications, including applications under the Arbitration and Conciliation Act, 1996, relating to a commercial dispute of a specified value pending in any 2 civil court in any district or area in respect of which a commercial court has been constituted is required to be transferred to such commercial court.
Rejecting this contention, the bench observed that even if the word ‘application’ is mentioned in sub-section (2) of Section 15, it would mean an original application and not an application for execution of the award, which is preferred after the award has been delivered.
“Once the award has been rendered, the proceedings, at this stage, has become final and an application under Section 36 of the Act, 1996, for execution of award cannot be treated as an original or independent application de hors the main Arbitration proceedings in which final award has already been rendered,” the bench said.