HINDUSTAN COPPER Vs. BHAGWATI GASES LIMITED

JUDGEMENT

(1.) THE petitioner filed an application on 13. 10. 2004 before the Additional District Judge, Khetri for staying proceedings to enable the petitioner to move before the District Judge, Jhunjhunu to withdraw the case from the Court of Additional District Judge, Khetri to the Court of District Judge, Jhunjhunu on the ground that under Section 2 (1) (e) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as the Act of 1996) the principal civil court of original jurisdiction is only the court of District Judge, Jhunjhunu and not the court of Additional, District Judge, Khetri and therefore, the court has no jurisdiction to hear application under Section 34 of the Act of 1996.

(2.) THE Additional District Judge, Khetri vide its order dated 4. 12. 2004 dismissed the petitioner's application with cost of Rs. 1000/ -. THE present writ petition is directed against the order dated 4. 12. 2004.

(3.) AS per sub-section (2) of Section 11, while incharge of the office of the District Judge the Additional Judge or Civil Judge, as the case may be, may, subject to any rules which the High Court may make in this behalf, exercise the powers of the District Judge.