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2017 Supreme(HP) 303

TARLOK SINGH CHAUHAN
State of H. P. – Appellant
Versus
Laxmi Pipes Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Ms. Meenakshi Sharma, Addl. A.G. with Mr. J.S. Guleria, Asstt. A.G.
For the Respondent:Mr. Rahul Mahajan, Advocate.

JUDGMENT :

Tarlok Singh Chauhan, J.

Petitioners have filed the instant objections under Section 34(b)(ii) of the Arbitration and conciliation Act, 1996 (for short the ‘Act’) against the award dated 29.8.2012, passed by the learned Arbitrator.

2. The objections were heard for a considerable time and then it transpired that the same probably may not be maintainable before this Court in view of the pecuniary jurisdiction, taking into consideration the fact that this Court only exercise original jurisdiction of the claims of above Rs.30 lacs. The parties are ad idem that the amount in dispute in the present lis is, in fact, Rs.10,22,827/-, which is far less than Rs.30 lacs. Now, therefore, the moot question is which Court would have jurisdiction to adjudicate the objections.

3. Section 2(e) of the Act defines Court, which reads thus:

‘(e) “Court” means-

(i) in the case of an arbitration other than international commercial arbitration, 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






























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