UNION OF INDIA Vs. DIPLOMAT ENGINEERS

JUDGEMENT

(1.) RULE. By consent of the parties, taken up for hearing forthwith.

(2.) THE petitioner has challenged in this writ petition order dated 4/10/2005 passed by the 1st Additional District Judge, South Goa at Margao, whereby the application filed by the petitioner under section 34 of the Arbitration & Conciliation Act, 1996 (for short, "the said Act") for setting aside the Award dated 30/10/2004 made by the Sole Arbitrator was set aside.

(3.) AS there were disputes between the petitioner and the respondent, the respondent approached the Additional District Judge at Tis Hizari Court, New Delhi, for appointment of arbitrator. On 21/1/2004, by consent of the parties, the arbitrator was appointed by Additional District Judge, Tis Hizari Court, New Delhi. The arbitrator entered upon the reference. The arbitration proceedings were conducted in New Delhi and the Award was made on 30/10/2004. Being aggrieved by the Award, the petitioner preferred objections under section 34 of the said Act before the District Court, South Goa, Margao. The learned judge rejected the said application holding that he had no jurisdiction to entertain the application. While taking such a view, the learned judge relied on section 42 of the said Act, and held that the respondent had approached Addl. District Judge, Tis Hizari Court at New Delhi for appointment of arbitrator under section 8(1) of the said Act. By consent of the parties, arbitrator was appointed and, therefore, in terms of section 42 of the said Act, only the Additional District Judge, Tis Hizari Court at New Delhi has jurisdiction to entertain the application under section 34 of the said Act. This order is assailed in the present petition.