An application u/s 34 of Arbitration and Conciliation Act, 1996 for setting aside of the award must be filed before the same Court where a Section 9 application made by a party of the arbitration – Binoy Trading Co. and Another Vs. Tata Motors Finance Ltd. – Calcutta High Court
Hon’ble High Court held that:
(i) Section 42 of the 1996 Act will however settle the jurisdiction in favour of the City Civil Court since the respondent first approached with an application for interim relief and the petitioner subjected itself to the jurisdiction of the City Civil Court also by making a separate application for interim relief in the form of release of the petitioner’s vehicle.
(ii) The section 9 application arose out of the arbitration agreement between the parties and was a post-award application made by the respondent. The present application under section 34 for setting aside of the award must also therefore be filed before the City Civil Court also by reason of the fact that the City Civil Court has pecuniary jurisdiction to entertain the application under section 34 of the 1996 Act.
