S MURUGAN Vs. S SUGANTHALAKSHMI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order of the learned Arbitrator, Mr. A. Thyagarajan (Retired District Judge), dated 22.12.2009, made in Miscellaneous Petition No.2 of 2009, in Arbitration Case No.1 of 2009.

(2.) THE petitioner had filed the Miscellaneous Petition No.2 of 2009, in Arbitration Case No.1 of 2009, under Section 16(2) of the Arbitration and Conciliation Act, 1996, praying to reject the claim application of the respondent, on the ground that the arbitrator has no jurisdiction to entertain the same.

(3.) DURING the cross examination of the petitioner, during the arbitral proceedings, the petitioner had filed Miscellaneous Petition No.2 of 2009, raising the issue of jurisdiction of the arbitrator. The arbitrator had rightly come to the conclusion that the issue of jurisdiction would be decided, at the first instance, while deciding the claim petition. Aggrieved by the said order, the petitioner has preferred the present civil revision petition before this Court, under Article 227 of the Constitution of India.