GODARA CONSTRUCTION COMPANY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel appearing for the non-applicant raised a preliminary objection that this application under S. 34 of the Arbitration and Conciliation Act, 1996 (for short the Act) challenging the Award dated 8-2-2001 passed by the Arbitral Tribunal is not maintainable.

(2.) Mr. Dave, the learned counsel for the non-applicant contends that an application under S. 34 may be made only to a Court as defined in S. 2(e) of the Act. He submits that an application under S. 34 of the Act can only be made to the principal Civil Court of original jurisdiction in a district inclusive of the High Court, in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject- matter of the arbitration if the same had been the subject matter of a suit, but does not include any Civil Court of a grade inferior to such principal Civil Court, or any Court of small causes.

(3.) Mr. Maheshwari, the learned counsel for the applicant submits that according to S. 42 of the Act, which is a non-obstante clause, where in respect of an arbitration agreement, any application under Part I has been made in a Court, that Court alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of the agreement and the arbitral proceedlngs shall be made in that Court and in no other Court. It was pointed out by Mr. Maheshwari that the applicant on earlier occasion approached this Court by way of filing S. B. Civil Writ Petition No. 3657 of 1999 in respect of the subject-matter of dispute in question and that writ petition was opposed by the non-applicants inter alia, on the ground that an arbitration agreement exists between the parties and, therefore, writ petition is not maintainable.