( 1 ) THIS is an appeal filed under Section 37 (l) (b) of the Arbitration and conciliation Act, 1996 (hereinafter referred to as 'the Act' for short ).

( 2 ) BRIEF facts of the case are that the appellant-Company which is a public sector undertaking of the Government of Karnataka had invited tenders by way of public notification for mining and transporting of ore from Ajjanahalli Mine to Ingaldal The respondent's tender was accepted The respondent was directed to commence the work from 26-5-1999. An agreement was entered into between the parties. Under the agreement the parties agreed to refer all disputes between them to arbitration and further agreed that the Court at Bangalore will have jurisdiction As agreed when dispute arose between them it was referred to a sole Arbitrator under the terms of the agreement An award was passed by the Arbitrator against the appellant on 15-3-2002 The appellant challenged the said award under Section 34 of the Act before the Civil Judge (SD), Chitradurga by filing a petition under Section 34 on 6-6-2002 that is within 90 days of the award

( 3 ) UNDER Section 2 (l) (e) of the Act the jurisdictional Civil Court is the principal Civ