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2005 Supreme(Raj) 1744

K.S.RATHORE
Hindustan Copper Limited – Appellant
Versus
Bhagwati Gases Limited – Respondent


Advocates Appeared:
A.K. Bhandari, for Petitioner R.K. Agarwal, for Respondents

Honble RATHORE, J.–The petitioner filed an application on 13.10.2004 before the Additional District Judge, Khetri for staying proceedings to enable the petitioner to move before the District Judge, Jhunjhunu to withdraw the case from the Court of Additional District Judge, Khetri to the Court of District Judge, Jhunjhunu on the ground that under Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as the Act of 1996) the principal civil court of original jurisdiction is only the court of District Judge, Jhunjhunu and not the court of Additional, District Judge, Khetri and therefore, the court has no jurisdiction to hear application under Section 34 of the Act of 1996.

(2). The Additional District Judge, Khetri vide its order dated 4.12.2004 dismissed the petitioners application with cost of Rs. 1000/-. The present writ petition is directed against the order dated 4.12.2004.

(3). Precisely controversy is with regard to the fact that whether the court of Additional District Judge is principal civil court of original jurisdiction or not. For that purpose, both the learned counsel for the parties referred Section 6 of the Rajasthan Civil Courts Ordina





























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