Heard both sides.
2. The epitome and the long and short of the matter would run thus:
It appears the petitioner obtained an award under the Arbitration and Conciliation Act, 1996. Whereupon, he filed the EP on the original side of this Court and this Court felt that the execution proceedings should be transferred to Villupuram Court within whose jurisdiction the immovable properties belonging to the respondent are situated. The Registry vide the letter dated 30.11.2009 sent a copy of the award dated 24.12.2008 along with a certificate of non satisfaction dated 26.11.2009 to the learned Principal District Judge, Villupuram. Whereupon, EP was filed before the Principal District District, Villupuram, but the said EP was returned with the following remarks:
"(1) Certified copy of E.P.2618/09 to be filed along with this E.P.
(2) Cost of suit and cost of E.P. To be mentioned clearly.
(3) Blanks to be filled up."
3. In respect of the first return is concerned, the learned counsel for the petitioner would submit that there is no requirement that the certified copy of E.P. No.2618 of 2009 filed before this Court should be filed before the Principal District Judge, Villupuram.
4. I would like to agree with the learned counsel for the petitioner, because law does not contemplate that the certified copy of the E.P. filed before the High Court should be filed before the PDJ Court, Villupuram, for getting that EP numbered before the Villupuram Court.
5. So far other returns are concerned, it appears they have been complied with as stated by the learned counsel for the petitioner. As such I would like to direct the learned Principal District Judge, Villupuram to number the E.P. and process it as per law after giving notice to the respondent.
6. Registry shall return the EP filed before PDJ Court, Villupuram for being represented before it.
Accordingly this civil revision petition is disposed of. No costs.
gms To The Principal District Judge, Villupuram