D R MALHOTRA Vs. INDIAN ALUMINIUM CABLES

JUDGEMENT

(1.) PETITIONER made an application u/s 20, Arbitration Act for reference of dispute to arbitrator. Respondent questioned the jurisdiction of the Court and it was decided in favour of the petitioner and the matter was referred. The award was then made and filed in the Same Court (Successor). It was for 53.0000.00 Respondent contended that award was beyond pecuniary jurisdiction of the Court and Sub- Judge upheld the objection. PETITIONER, moved High Court. The judgement, after giving above facts, is para 8 onwards :

(2.) NOW dealing with the present case which is a case in which a reference has been made u/s 20 by the subordinate judge, the wording of the S, 31 (4) can be usefully referred to. It is stated there "Where any persons have entered into an arbitration agreement before the institution of any suit, with resppect to the subject-matter of the agreement or any part of it, and where a difference has arisen to which the agreement applies, they or any of them instead of proceeding under chapter 2 may apply to the court having jurisdiction in the matter to which the agreement relates, that the agreement relates, that the agreement may be filed in court".

(3.) THE effect of this decision would be that it is not necessary that the proceedings must be filed before the same subordinate judge but they must be filed in a court having jurisdiction at the same place.