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2000 Supreme(Pat) 885

P.K.DEB
Md. Sadique – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. These two revision petitions have arisen out of the common order passed by the District Judge, Gopalganj, in Misc. case no. 39 of 1999 and 40 of 1999.

2. Petitioners in both the revision petitions have filed separate petition under Section 14 and 15 of the Arbitration and Conciliation Act, 1996 for referring the matter of dispute between them and the Superintending Engineer, Flood Control Survey representing the State of Bihar. Objections were raised regarding the maintainability of the petitions and Jurisdiction of the District Judge. Serestedar of the court of the District Judge gave notes to the effect that the District Judge has got no power to entertain these petitions and that from the averments made those petitions cannot be under Sections 14 or 15 of the Arbitration and Conciliation Act rather those might be construed as under Section 8 of the Act. By the impugned order learned Dist. Judge held that the petitions are misconceived as those can be construed only under Section 8 of the Act and that too those must have been filed before the appropriate civil court of the district having jurisdiction to entertain the petitions. Hence, this revision petitions have been





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