Vinod Kumar, Gupta, J. - (1.) In these two applications, one filed under section 11 and the other under Sections 8 and 9 of the Arbitration and Conciliation Act 1996, the petitioner seeks appropriate directions, one for reference of disputes to the Arbitrator and the other for interim relief. It is the admitted case of the petitioner that with respect to the subject matter of these two petitions, a Suit is pending in Court of the 2nd Civil Judge (Junior Division) at Alipore 24-Paraganas. That Suit has been filed against the petitioner by the respondent.
(2.) If the petitioner feels that the subject matter of that Suit pending in the Court of 2nd Civil Judge. (Junior Division) at Alipore 24-Parganas (South) is covered by an arbitration agreement existing between the parties, it is open to the petitioner to approach that Court in terms of Section 8 of the Act for such appropriate directions and orders as may be permissible under law. This court cannot exercise jurisdiction tinder Section 8 of the Act in the present application. Perhaps the petitioner has grossly mis-construed Section 8 of the Act, and thus wrongly approached this court.
(3.) Section 8 reads as under : "8. Power to refer parties to arbitration where there is an arbitration agreement -- (1) A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration. (2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or duly certified copy thereof. (3) Not withstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made." ;