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2005 Supreme(Raj) 1415

K.S.RATHORE
Anant Kumar Goel – Appellant
Versus
S. P. Goel – Respondent


Advocates Appeared:
Mr. Anil Mehta, for the Petitioner.
Mr. S. Kasliwal with Mr. K. Verma, for the Respondents.

Judgment

K.S. Rathore, J.-This present petition is directed against the order dated 14.05.2004 passed by the Additional District Judge, Jaipur City. The order impugned has been challenged by the petitioner on the ground that the District and Sessions Judge is only having jurisdiction to hear the arbitration matter as per Section 2(1)(e) of the Arbitration Act 1996. As per Section 34 of the Act the application for setting aside the award can only be made before the Court empowered under the Act. The Court has been defined under Section 2 (1)(e), which is as under:-

"Court" means the principal civil Court of original jurisdiction in a district, and includes the High Court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil Court of a grade inferior to such principal civil Court, or any Court of small causes."

2. As per Section 18 of the Rajasthan Civil Court Ordinance, 1950, it is the Court of District; Judge which only a principal civil Court of original civil jurisdiction.

3. Section 10 of the Rajasthan Civil






















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