SANDEEP MEHTA,J. - (1.) The instant appeal has been filed on behalf of the appellant - BSNL against the judgment and decree dated 26.8.2013 passed by the learned Additional District and Sessions Judge, No. 1, Chittorgarh in Civil Misc. Suit No. 45/2007, whereby, the application filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) was returned.
(2.) A contractual dispute between the appellant and the respondent was referred to the sole arbitrator, a retired judge of the Rajasthan High Court. The arbitrator concluded the arbitral proceedings and awarded a sum of rupees one lac to the claimant-respondent - M/s. Vijay Electrical, Vallabhnagar. The appellant-BSNL filed an application under Section 34 of the Act in the Court of the learned Additional District Judge, No. 1, Chittorgarh and challenged the award passed by the arbitrator. During the pendency of the proceedings, the respondent filed an application raising a preliminary objection under Section 42 of the Act that the sole arbitrator was appointed by the Rajasthan High Court, therefore, the application under Section 34 of the Act was only maintainable before the Rajasthan High Court and could not be entertained by the District Judge.
(3.) The appellant filed a reply and contested the preliminary objection. The learned Additional District Judge, No. 1, Chittorgarh, by order dated 26.8.2013 accepted the application filed by the respondent and held that the sole arbitrator was appointed by the High Court and as a necessary consequence, the application under Section 34 of the Act could only be filed before the High Court and returned the same back to the appellant for being presented before the Appropriate Court i.e. the High Court. The said order has been assailed by the appellant by way of the instant appeal.;