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2015 Supreme(Cal) 391

INDIRA BANERJEE, SAHIDULLAH MUNSHI
Sushanta Malik @ Susanta Malik – Appellant
Versus
Srei Equipment Finance Limited – Respondent


Advocates:
Advocate Appeared:
For the appellant : Mr. Gopal Chandra Ghosh, Mr. Om Narayan Rai
For the respondents: Mr. Swatarup Banerjee, Mr. Subhankar Chakraborty, Mr. Aasif Hussain, Mr. Avishek Guha, Mr. Arijit Ghosh.

Judgment :

INDIRA BANERJEE, J.

By an order dated 19th March, 2015, the Single Bench (Tandon, J.) has referred to the Division Bench, the question of whether the learned City Civil Court has jurisdiction to entertain proceedings under the Arbitration and Conciliation Act, 1996, hereinafter referred to as ‘the 1996 Act’, where the pecuniary value of the subject matter of arbitration, is less than Rs.10 lakhs or whether the High Court in exercise of its ordinary original civil jurisdiction has exclusive jurisdiction to entertain all proceedings under the 1996 Act, irrespective of pecuniary value thereof.

The question has arisen in view of the definition of ‘Court’ in Section 2(1)(e) of the 1996 Act which is set out hereinbelow for convenience:-

“2. Definitions. – (1) In this part, unless the context otherwise requires, -

(e) “Court” means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil court of a grade inferior to su



















































































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