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TMI Blog2017 (9) TMI 1267X X X X Extracts X X X X X X X X Extracts X X X X ..... Ms. Sweta, Adv. And Ms. Romila, Adv. For the Respondent : M/s.Khaitan Co., AOR JUDGMENT S.ABDUL NAZEER, J. 1. By an order dated 10.01.2013, this Court had referred the matter for adjudication to Hon ble Justice S.B Sinha, retired Judge of this Court. Learned Arbitrator was requested to conclude the arbitration proceedings expeditiously. It was further observed that the award shall be filed before this Court. Learned Arbitrator passed an award on 16.10.2015 and a copy of the award was sent to this Court. Admittedly, the appellants have challenged the said award by filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, before the Civil Court. The respondents have filed an affidavit dated 16.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... International INC (supra) has held that since the Arbitrator was directed to file the award in this Court, an application to make the award rule of the Court, has to be filed in this Court. It has been held in paragraph 11 thus: From the judgment of this Court dated 4-10-2005, it has been made clear by this Court in the operative part of the same, as noted hereinearlier, that the award that would be passed by the umpire must be filed in this Court and secondly, it was clarified in the judgment itself that this was not a case of a new reference but a continuation of the earlier proceeding and thus the Act shall continue to apply. In McDermott International Inc . 4 , the three-Judge Bench decision of this Court clearly observed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the 1940 Act. It has been observed thus: 20 Secondly, under the 1940 Act, the expression civil court has been held to be wide enough to include an appellate court and, therefore would include the Supreme Court as was held in the two judgments aforementioned under the 1940 Act. Even though this proposition itself is open to doubt, as the Supreme Court exercising jurisdiction under Article 136 is not an ordinary appellate court , suffice it to say that even this reason does not obtain under the present definition, which speaks of either the Principal Civil Court or the High Court exercising original jurisdiction. Thirdly, if an application would have to be preferred to the Supreme Court directly, the appeal that is available so far a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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