DESHMUKH D.K., J.: - By this petition, the petitioner challenges the Award made by the Arbitrator directing the petitioner to pay certain amounts to the respondent. AI objection to the maintainability of the petitioner before this Court is raised by the respondent. The objection raised by the respondent is that after the Award was made on 5-5-2005, an application under section 9 of the Arbitration & Conciliation Act was filed by the respondent in a Court at Baroda and therefore, in view of the provisions of section 42 of the Arbitration and Conciliation Act, 1996, this petition will not be maintainable before this Court. It is submitted that section 42 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) lays down that with respect to the arbitration agreement if any application under part- I of the Act has been made in the Court, that Court alone shall have jurisdiction over the arbitral proceedings and all subsequent applications arising out of that agreement and the Arbitral proceedings shall be made in that Court. It is submitted that an application made under section 9 of the Act is an application made with respect to the arbitration agreement pur

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