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2020 Supreme(Cal) 498

SANJIB BANERJEE, KAUSIK CHANDA
Narayan Prasad Saraff – Appellant
Versus
Ashok Kr. Saraff – Respondent


Advocates Appeared:
Mr. Sayantan Bose, Adv., Mr. L.R. Mandal, Adv.

JUDGMENT :

1. The appeal is directed against a rather terse order of November 18, 2019 dismissing a petition under Section 34 of the Arbitration and Conciliation Act, 1996.

2. The impugned order reads as follows:

    “Considering the averments made in the application under Section 34 of the Arbitration and Conciliation Act, 1996 it appears that this Court does not have the pecuniary jurisdiction to entertain this application.

“Accordingly, the application, A.P. No. 446 of 2018 stands dismissed on the ground of lack of jurisdiction.”

3. It is not in dispute that in respect of the relevant arbitration agreement, no previous application under Part-I of the Act of 1996 was carried to any court. As to which court may receive an application under Part-I of the Act of 1996 is governed by Section 2(1)(e) of such Act. In essence, Section 2(1)(e) empowers a court to receive an application pertaining to an arbitration agreement if such court could have received the suit if the subject-matter of the arbitration had been the subject-matter of the suit. The only qualification is that such a court has to be a principal court of a district or a High Court exercising original jurisdiction.

4. Just as several

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