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2010 Supreme(Del) 39

RAJIV SAHAI ENDLAW
RAHISUDDIN – Appellant
Versus
GAMBIT LEASING & FINANCE PVT. LTD. – Respondent


Advocates Appeared:
Mr. Michael Peter & Mr. Dharmendra Vashishtha, Advocates
None. AND CM(M)
Mr. Sangram Patnaik & Ms. Shanta Pandey, Advocates

RAJIV SAHAI ENDLAW, J.

1. These two petitions entail an identical question of law; though the counsels for the parties in the two matters were heard on separate days but the petitions are disposed of together by this common judgment.

2. CRP No.73/2008 has been preferred against the order of the Additional District Judge to whom a petition preferred under Section 34 of the Arbitration Act, 1996, with respect to an arbitration award in an arbitration proceeding claim wherein was for Rs.44,300/- only, had been assigned, holding that the jurisdiction to entertain suit the pecuniary value whereof was upto Rs.3,00,000/- being of the Civil Judge, Delhi, the petition was not maintainable before him; accordingly, the petition was ordered to be transferred for decision by a court of appropriate jurisdiction. This Court while issuing notice of the petition on 2nd May, 2008, stayed proceedings in the matter before the Civil Judge and the proceedings so remain stayed. Though the petition before this Court has been preferred as under Section 115 of the CPC and does not lie as such but the same is treated as one under Article 227 of the Constitution of India and heard and is being disposed


































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