AIR 2016 CALCUTTA 236 ::(2016) 4 ArbiLR 435 ::(2016) 3 RecCivR 859 ::(2016) 2 Cal LJ 545 ::(2016) 3 Cal HN 153 ::(2016) 2 CalLT 631 ::(2016) 3 ICC 649 ::2016 (3) KLT SN 50 (KER) ::(2017) 177 AllIndCas 6 (CAL)

Calcutta High Court

Hon'ble Judge(s): Manjula Chellur , C.J. AND Soumen Sen, Arijit Banerjee , JJ

Arbitration and Conciliation Act (26 of 1996) , S.2(1)(e), S.42— Bengal, Agra and Assam Civil Courts Act (12 of 1887) , S.8(2)— 'Court' - Definition of - Includes Court of Additional District Judge. 2012 (4) Cal LT 40, Overruled.AIR 1998 All 313, Diss from.Words and Phrases - Words 'inferior' and 'grade' and 'principal' - Meaning. On a conjoint reading of S. 2(1)(e) read with S. 42 of the Arbitration and Conciliation Act and S. 8 of the Civil Courts Act, it is clear that the Additional District Judge who is exercising the same jurisdictional powers as that of the Principal Civil Court of original jurisdiction does not stand excluded from the definition clause. The last limb of S. 2(1)(e), 'but does not include any civil court of a grade inferior to such principal civil court, or any court of Small Causes' is supplementary to the first limb of the section which reads that 'court means the principal civil court of original jurisdiction in a District, and includes the High Court in exercise of its ordinary civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of the suit'. The intention of the Legislature is not to exclude the Additional District Judge who is exercising the same judicial powers as that of the Principal civil court of original jurisdictio....