SANGEET LODHA,J. - (1.) This petition is directed against order dated 24.7.10 passed by the Additional District Judge No.1, Udaipur in Civil Misc. Case No.6/10, whereby an application preferred by the petitioner herein under Section 34 of Arbitration and Conciliation Act, 1996 (for short "the Act"), is directed to be returned to the petitioner for presentation before the court of competent jurisdiction.
(2.) The petitioner filed an application under Section 34 of the Act for setting aside arbitral award in the Court of Additional District Judge No.1, Udaipur. The respondent by way of an application sought rejection of the application for want of jurisdiction. It was contended that as per the arbitration clause, parties intended to conduct arbitration proceedings subject to the exclusive jurisdiction of Jaipur Court only and therefore, the Court at Udaipur has no jurisdiction to entertain the application preferred under Section 34 of the Act. That apart, it was contended that an application for interim measures under Section 9 was made by the respondent before the District Judge, Jaipur City, which was later transferred to and decided by the Additional District Judge No.9, Jaipur City and thus, by virtue of provisions of Section 42, that Court at Jaipur alone has the jurisdiction over the arbitral proceedings and all subsequent applications arising out of the agreement and the arbitral proceedings is permissible to be made in that Court and no other Court.
(3.) After due consideration of the rival submissions, the application preferred on behalf of the respondent has been allowed by the court below and the application under Section 34 of the Act preferred by the petitioner herein has been returned for proper presentation. Hence, this petition.;