The questions urged for a decision in this petition are: (i) Whether an Additional District Judge has jurisdiction to decide an application under Sec. 34 of the Arbitration and Conciliation Act, 1996 (for short, “the Arbitration Act”)? (ii) Whether such a proceeding could be instituted before an Additional District Judge empowered to receive proceedings under Sec. 7(2) of The Kerala Civil Courts and Small Cause Courts Act, 1957 (for short, “the Act”)?.

2. Short facts necessary for decision of the said questions are: There was a work contract between petitioner and respondent. In the course of the work, dispute arose between them which was referred to the Arbitrator who passed award on 01-07-2009. Arbitrator passed award in favour of petitioner with an interest holiday of three months if the amount awarded was paid within three months from the date of award. Respondent filed O.P(Arb.). No. 43 of 2009 in the court of learned Additional District Judge-I, Mavelikkara under Sec.34 of the Arbitration Act praying to set aside the award on various grounds set forth in that petition. Petitioner raised a preliminary objection regarding jurisdiction of learned Additional District Ju