M. R. HARIHARAN NAIR, J. - The petitioners are respondents 1 and 2 in a proceeding filed under Section 34 of the Arbitration and Conciliation Act, which is presently pending before the District Court, Kozhikode.

The case was originally filed in the District Court, Kozhikode and it was later on found that in view of the intervention of the Arbitration and Conciliation Act in the place of the erstwhile Arbitration Act, the case was filed in the wrong forum and that it had no jurisdiction. The order directing re-presentation of the case before District Court reached this Court in C.R.P. No. 2232/99. It was found as per order dated 12.11.1999 that the order directing return was proper and correct. As regards the contention that the proceeding was not initiated in the Sub-Court in good faith, it was observed that the question need not be considered in the revision and that if it is raised before the District Court when the proceedings are represented, that can be considered there. As per a subsequent order passed in the same proceeding in C.M.P. No. 5324/99 it was clarified that the aspect of good faith, if raised as above, will have to be considered unhampered by any of the obser