Judgment :-

R.V. Raveendran, J.

The respondent has entered appearance through caveat. Leave granted. Heard the learned counsel.

2. Certain disputes between respondent and appellant were referred to arbitration. The Arbitrator made an award dated 14.9.2005 directing the appellant to pay to the first respondent, a sum of Rs.57.6 crores with interest. The appellant filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 (in short `Act) before the City Civil Court, Bangalore for setting aside the said award. The respondent filed its written statement, resisting the claim. The appellant made an application under Order XIV Rule 1 and 3 of Code of Civil Procedure (`Code for short) read with Rule 4(b) of the High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001 (`Rule

for short) requesting the Court to frame issues in the matter. The civil court rejected the application by an Order dated 12.9.2006.

3. The petitioners Writ Petition challenging the said order was dismissed on 12.9.2008. The learned Single Judge was of the view that applications under section 34 were not necessarily in the nature of a adversarial proceeding where a dispute