Soumen Sen, J.

A Division Bench of this Court in National Highway Authority of India Vs. M/s. B. Seenaiah & Company (Projects) Limited held that an Additional District Judge has no jurisdiction to decide an application under the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “1996 Act”) as the Court of Additional District Judge is not ‘Court’ within the meaning of the said Act. The said judgment was noticed in West Bengal Housing Infrastructure Development Corporation Limited Vs. M/s. Impression. The later Division Bench, however, held that the Court of an Additional District Judge is ‘Court’ within the meaning of Section 2(1)(e) of the 1996 Act.

These conflicting judgments have resulted in this reference.

The short question that falls for consideration before the Larger Bench is whether the Court of the learned Additional District Judge is a Court within the meaning of Section 2(1)(e) of the 1996 Act.

The learned Advocate General appearing on behalf of the petitioner submits that the decision in National Highway Authority of India (supra) is not a correct interpretation of the law on this point and the law laid down by the later judgment in West Bengal