- (1.) The judgment of the Court was as follows : This revisional application under Article 227 of the Constitution of India is at the instance of an applicant under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) and by this application the petitioner has challenged the jurisdiction of an Additional District Judge to entertain such application.
(2.) The present petitioner filed an application for setting aside an award under Section 34 of the Act before the learned District Judge, North 24-Parganas at Barasat thereby giving rise to Misc. Case No. 229 of 2003. The case has been transferred to the Court of Additional District Judge, Fast Track Court No. 3 at Barasat for disposal by virtue of power conferred upon the District Judge under the Bengal, Agra and Assam Civil Courts Act, 1887 (hereinafter referred to as the 1887 Act).
(3.) Mr. Mukherjee, the learned Counsel appearing on behalf of the petitioner has raised a pure question of law regarding jurisdiction. According to Mr. Mukherjee, in view of definition of 'Court' given in the Act, only the Principal Court of Civil Jurisdiction in the District, namely, the District Judge is competent to entertain an application under Section 34 of the Act. Mr. Mukherjee contends that a Court of Additional District Judge is Civil Court of a grade inferior to the Principal Civil Court of the District and as such, the said Additional District Judge cannot entertain such an application under Section 34 of the Act.;