SULEKHA CLAY MINES Vs. UNION OF INDIA

JUDGEMENT

(1.) The question to be decided in this case is the validity of R.2(c) of the Kerala Arbitration and Conciliation (Court) Rules, 1997 (hereinafter referred to as 'the Rules'). There was an arbitration appeal between the petitioner and the fifth respondent and an award was passed on 26.9.1998. Fifth respondent preferred an application under S.34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') for setting aside the above award. Ext. P1 is the copy of the application which is pending before the District Court, Trivandrum. Petitioner filed objections to the above. While the above matter was pending an objection was filed by the fifth respondent in O. P. (Arbitration) No. 142/99 stating that the District Court has no jurisdiction to consider Ext. P1 application in view of R.2(c) of the Rules. R.2(c) of the Rules reads as follows: