Mukundakam Sharma, J. - (1.) This appeal is directed against the Judgment and Order passed by the learned Chief Justice of the Jharkhand High Court taking up the appeal and disposing of the said appeal by his Order dated 4.1.2008. The appellant herein filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the legality of the Award dated 28.9.2006 passed by the Sole Arbitrator with a prayer to set aside the same. The learned Single Judge before whom the petition was filed held the same to be not maintainable. On appeal filed the Chief Justice held that such an appeal is also not maintainable.
(2.) We have heard learned Counsel appearing for the parties.
(3.) It is disclosed from the records that an application was filed by the respondent herein before the Jharkhand High Court at Ranchi under Section 11(6) of the Arbitration and Conciliation Act, 1996, praying for appointment of an Arbitrator to adjudicate upon and decide the disputes arising between the parties in terms of the arbitration agreement. The Jharkhand High Court entertained the said application and appointed Justice P.K. Sarkar, who is a retired Judge of the Patna High Court to adjudicate upon and decide the disputes between the parties. Pursuant to the said order, the learned Arbitrator entered into the Reference and passed the Award on 28.9.2006. After the Award was passed, the appellant herein filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the Award dated 28.9.2006 passed by the Sole Arbitrator. The Registry filed an objection regarding the maintainability of the aforesaid petition under Section 34 of the Act. According to the Registry, against the aforesaid Arbitration Award, a petition under Section 34 of the Act should have been filed before the appropriate court as defined under Section 2(e) of the Arbitration and Conciliation Act, 1996. The learned Single Judge considered the aforesaid objection raised by the Registry of the High Court and agreed with the said objection and held that the aforesaid petition filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996, is not maintainable.;