Sushil Harkauli, J. - (1.) THIS writ petition under Article 226 and 227 of the Constitution of India has been filed by the petitioners to challenge the order dated 27.1.2010 passed by the District Judge, Jamshedpur in Misc. (P) No. 20 of 2009. By that order the petitioner's prayer for transfer of Misc. Arbitration Case No. 3 of 2009 pending in the Court of learned Sub -Judge, Ghatshila to the Court of the learned District Judge, Jamshedpur under Section 24, Code of Civil Procedure has been rejected by the District Judge, Jamshedpur.
(2.) THE bare facts necessary for decision of this writ petition are that there was an arbitration award against which the present petitioners filed an objection under Section 34 of the Arbitration and Conciliation Act, 1996 before the Jharkhand High Court. A learned Single Judge of this Court held the objection under Section 34 of the Arbitration and Conciliation Act, 1996 was not maintainable before the High Court. The matter was taken in appeal under Section 37 of the Act before the Chief Justice of the Court who concurred with the decision of the learned Single Judge. The matter was taken to the Supreme Court by way of Civil Appeal No. 5630 of 2008. The Supreme Court by the final order dated 20.5.2009 remitted the matter and directed that the petition under Section 34 of the Act would be listed before the District Judge where the parties would appear on the date fixed by the Supreme Court and "the District Judge shall allot the petition under Section 34 to an appropriate Court in terms of the provision of Section 2(1)(e) of the Act." The Supreme Court also directed that "the Court to which the matter is entrusted to by the District Judge shall make all endeavor to dispose of the same as expeditiously as possible...." When the matter went before the District Judge, the parties appeared and the District Judge entrusted the matter to the Sub -Judge at Ghatshila. There was no objection to the entrustment by the petitioner. Thereafter the petitioner merely kept seeking time before the Sub -Judge, Ghatshila on one pretext or the other.
(3.) AT this stage, it may be also mentioned that the petitioner itself had filed an earlier application under Section 34 of the Act before the Sub -Judge, Ghatshila and by the order dated 15.10.2009, the Sub -judge amalgamated the petition filed by the petitioner before him with the petition transferred from the High Court pursuant to the Supreme Court order.;