RENASONICE SOLUTION LTD Vs. VOLTAS LTD

JUDGEMENT

(1.) THE respondents immediately on service on first day itself i. e. on 31st October, 2008 had contended that the court of minimum pecuniary jurisdiction competent to entertain the present petition was not this Court and this petition ought to have been filed in the District Court. The counsel for the petitioner had then sought adjournment to consider the matter.

(2.) THE counsel for the petitioner has today relied upon an office order dated 22nd August, 2003 of this Court transferring the pending suits and other proceedings on the original side of this Court up to the value of Rs. 20 lacs to the district/subordinate courts except inter alia arbitration cases where Section 42 of the Arbitration Act, 1996 is attracted. It is argued that in the present case the arbitrator was appointed vide order of this Court under Section 11 (6) of the Act and for this reason this petition under Section 34 of the Act shall also lie before this Court.

(3.) THE question still is whether Section 42 covers within its ambit an application under Section 11 (6) of the Act.