K.S. Rathore, J.-The present writ petition has been filed against the order dated 29.09.2003 passed by the Civil Judge (JD), Tizara, Alwar on the ground that while allowing the application of the respondent No. 1 filed under Section 8 of the Arbitration and Conciliation Act, 1996, the trial Court has committed serious irregularity as Section 8 is only applicable in case of domestic arbitration and or in the International Commercial Arbitration but not in the case of the Arbitration between the parties belonging to the Convention countries, therefore, the provisions of Section 8 has no application where the parties to the agreement belongs to the countries which are contracting States under the New York Convention.

2. Learned Counsel for the petitioner submits that Section 45 begins with a non-obstante clause and expressly overrides the provisions of Section 8 contained in the first part of the said Act, as such, the Civil Judge ought to have dismissed the application of the respondent No. 1 filed under Section 8 of the Act.

3. After referring provisions of Section 45, learned Counsel for the petitioner submits that Civil Judge committed gross error in holding that Section 4