SHAFFIQUE, J.

1. This writ petition is filed by the Registrar General, High Court of Kerala challenging Ext.P1 order passed by the District Court, Kozhikode in Arb.O.P.No.143 of 2007. The said application was filed by the 1st respondent herein under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act) to set aside an Arbitration award passed by the Arbitrator, appointed as per order dated 24/5/2006 in A.R.No.60/05 by the High Court exercising power under section 11(6) of the Act. The Arbitrator passed an award permitting the 2nd respondent herein to recover an amount of Rs.66,35,616/- with interest @ 9% per annum from 30/06/2006 till realization from the 1st respondent.

2. Before the District Court, the 2nd respondent raised a preliminary issue regarding maintainability of the application under Section 34 of the Act contending that since the Arbitrator was appointed by the High Court, by virtue of section 42 of the Act only the High Court has jurisdiction to entertain an application under section 34 of the Act.

3. While considering the preliminary issue, the court below found that it has no jurisdiction to entertain the petition on a f