Altamas Kahir, J. - (1.) In this application under sections 30 and 33 of the Arbitration Act, 1940, arising out of the Award dated 31st October, 1994, filed in this Court on 3rd January, 1995, a preliminary objection has been taken that the Award should not have been filed in this Court but before the Hon'ble Supreme Court, on the ground that the Supreme Court had remitted the matter to the Arbitrator under section 16(1) of the said Act.
(2.) Since the preliminary objection involves the jurisdiction of this Court to consider the application under sections 30 and 33 of the Arbitration Act, it was felt that the said objection should be dealt with first.
(3.) Appearing in support of the application and the preliminary objection taken, Mr. Sujit Sinha urged that the provisions of section 16 of the Arbitration Act, 1940, made it quite clear that after an Award was remitted it was required to be refiled in the Court which had remitted the matter to the Arbitrator for reconsideration, in this case the Supreme Court, and in no other Court.;