Prasenjit Mandal, J.

This application is directed against the order no.12 dated May 11, 2009 passed by the learned Additional District Judge, Sixteenth Court, Alipore in Misc. Case No.1126 of 2008 thereby rejecting an application under Section 42 of the Arbitration and Conciliation Act, 1996. A dispute arose between the parties over certain points of an agreement dated January 30, 2002, which lays down a clause for settlement of the dispute by appointment of an arbitrator. Accordingly, an arbitrator was appointed by the Hon’ble Justice, Calcutta High Court. The arbitrator submitted an award. The opposite party filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 before the learned District Judge, South 24 Parganas at Alipore. In that application, the petitioners filed an application under Section 42 of the said Act of 1996 contending, inter alia, that the application for setting aside the award is not maintainable before the learned District Judge, South 24 Parganas. That application was dismissed by the impugned order. Being aggrieved, this application has been preferred. Mr. S. P. Roy chowdhury, learned senior Advocate, appearing on behal