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Head Note

The Arbitration and Conciliation Act, 1996  - Section 34

Disputes - Jurisdiction for setting aside award etc., - When arbitrator was appointed by High court - Award was passed - Sec.34 application filed for setting aside award before District Judge - Objection as to Jurisdiction of District Judge - Single judge allowed the same on the ground that since the parties already had submitted to the jurisdiction of this Court in its Ordinary Original Civil jurisdiction in connection with different earlier proceedings arising out of the said contract, as indicated above, the jurisdiction of the court of the learned District Judge at Jalpaiguri to entertain the said application for setting aside of the award was excluded under Section 42 of the said Act. - Apex court held that as per sec.2(1)(e) - Court means only Principal District court and High court having original jurisdiction over the subject matter - Sec.42 defines the jurisdiction of the court which first seized the matter , all subsequent applications has to be filed in that court only except few which were made before the Judicial authorities as chief justice etc., and further held that since all the proceedings initiated at High court including appointment of arbitrator - For setting aside award also has to be filed in High court but not in District court and as such dismissed the appeal.

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