..for the respondent Dictated by Arijit Banerjee, J.

The Court: These two appeals arise out of two arbitration petitions whereby the appellants challenged two arbitral awards passed in favour of the present respondent by a learned sole Arbitrator. The Learned Single Judge dismissed the two applications under Section 34 of the Arbitration and Conciliation Act, 1996, not on merits but on the ground that the same were not maintainable in the High Court. This is because prior to the setting aside applications being filed, the respondent herein had approached the City Civil Court at Calcutta with post-award Section 9 applications for interim orders to protect the vehicles of the respondent which were in the possession of the present appellants under loan-cum-hypothecation agreements. Such applications under Section 9 were entertained by the Learned City Civil Court and protective orders were also passed. The present appellants approached the Learned City Civil Court with applications for vacating the interim orders passed in favour of the finance company.

In the above factual background, the Learned Single Judge held that in view of Section 42 of the 1996 Act, Learned City Civil Court a