PAYAL ENTERPRISES GORAKHPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE above application for grant of ad interim order, restraining the respondents from realising a sum of Rs. 1,83,916.00, the alleged risk purchase or any other damages from the appellant against the notice dated 16.1.1998 during pendency of appeal was placed before the Division Bench of this Court consisting of Hon'ble Mr. Justice G. P. Mathur and Hon'ble Mr. Justice Vineet Saran on 20.3.2002. The Bench issued notice returnable at a very early date. In pursuance of the above notice, Shri Govind Saran, advocate appeared on behalf of respondent Nos. 1 and 2. Thereafter the above application was sent before me for orders.

(2.) I have heard Shri S. K. Verma, learned counsel for the appellant and Shri Govind Saran, learned counsel for the respondents on the above stay application.

(3.) A preliminary objection was raised from the side of the respondents that since the application of the appellant under Section 11 of the Act is pending before the Chief Justice since 21.7.2000 and, therefore, the application under Section 9 of the Act in respect of the arbitration agreement be made to the said court and ought to have been filed before the Chief Justice as required by Section 42 of the Act and the District Judge has no jurisdiction to entertain the application under Section 9 of the Act.