LexSTATE OF WEST BENGAL & ORS. versus ASSOCIATED CONTRACTORS
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A B c [2014] 10 S.C.R. 426 STATE OF WEST BENGAL & ORS. v. ASSOCIATED CONTRACTORS (Civil Appeal No. 6691 of 2005) SEPTEMBER 10, 2014 [R.M. LODHA CJI, KURIAN JOSEPH AND R.F. NARIMAN, JJ.] Arbitration and Conciliation Act, 1996: ss.34, 42 - Which Court will have the jurisdiction to entertain and decide an application u/s.34 of the Act - Held: The "Court" would be the High Court and not the District Court. s.42 - Applicability of - Held: The expression "with D respect to an arbitration agreement" makes it clear that s. 42 will apply to all applications made whether before or during arbitral proceedings or after an award is pronounced under Part-I of the Act. E s.42 - Court - Meaning of. Dismissing the appeals, the Court HELD: 1. The "Court" for the purpose of Section 42 of the Arbitration and Conciliation Act, 1996 would be the F High Court and not the District Court. It is the superior most court exercising original jurisdiction which has been chosen to adjudicate disputes arising out of arbitration agreements. [Para 15] [436-H; 437-C] G Executive Engineer, Road Development Division No. Ill, H Panvel & Anr. v. Atlanta Limited AIR 2014 SC 1093: 2014 SCR 507 - relied on. 2. Section 11 applications are not to be moved before 426 STATE OF WEST BENGAL v. ASSOCIATED 427 CONTRACTORS the "court" as defined but before the Chief Justice either A of the High Court or of the Supreme Court, as the case may be, or their delegates. Section 42 would not apply to such applications. [para 16) [439-E, F] Pandey & Co. Builders (P) Ltd. v. State of Bihar & Anr., 8 (2007) 1 SCC 467: 2006 (8) Suppl. SCR 997; P. Anand Gajapathi Raju & Ors. v. P. V. G. Raju (Dead) & Ors. (2000) 4 SCC 539: 2000 (2) SCR 684; P. Kasilingam & Ors. v. P.S.G. College of Technology & Ors. (1995) Suppl. 2 SCC 348: 1995 (2) SCR 1061; Rodemadan India Ltd. v. International Trade C Expo Centre Ltd. (2006) 11SCC651; S.B.P. and Co. v. Patel Engineering Ltd. & Anr. (2005) 8 SCC 618: 2005 (4) Suppl. SCR 688; State of Madhya Pradesh v. Saith and Skelton (P) Ltd., (1972) 1 sec 702: 1972 (3) SCR 233 - relied on. Guru Nanak Foundation v. Rattan Singh & Sons (1981) D 4 SCC 634:1982 (1) SCR 842; National Aluminium Co. Ltd. v. Presstee/ & Fabrications (P) Ltd. & Anr. (2004) 1 SCC 540; Bharat Coking Coal Limited v. Annapurna Construction (2008) 6 SCC 732: 2008 (3) SCR 1124; Garhwa/ Manda/ Vikas Nigam Ltd. v. Krishna Travel Agency (2008) 6 SCC E 741 - referred to. F 3. Section 2(1 )(e) contains an exhaustive definition marking out only the Principal Civil Court of original jurisdiction in a district or a High Court having original civil jurisdiction in the State, and no other court as "court" for the purpose of Part-I of the Arbitration Act, 1996. The expression "with respect to an arbitration agreement" makes it clear that Section 42 will apply to all applications made whether before or during arbitral G proceedings or after an Award is pronounced under Part- 1 of the 1996 Act. However; Section 42 only applies to applications made under Part-I if they are made to a court as defined. Since applications made under Section 8 are made to judicial authorities and since applications under Section 11 are made to the Chief ~ustice or his designate, H 428 SUPREME COURT REPORTS [2014] 10 S.C.R. A the judicial authority and the Chief Justice or his designate not being court as defined, such applications would be outside Section 42. Section 9 applications being applications made to a court and Section 34 applications to set aside arbitral awards are applications which are B within Section 42. In no circumstances can the Supreme Court be "court" for the purposes of Section 2(1)(e), and whether the Supreme Court does or does not retain seisin after appointing an Arbitrator, applications will follow the first application made before either a High c Court having original jurisdiction in the State or a Principal Civil court having original jurisdiction in the district as the case may be. Section 42 will apply to applications made after the arbitral proceedings have come to an end provided they are made under Part-I. If a 0 first application is made to a court which is neither a Principal Court of original jurisdiction in a district or a High Court exercising original jurisdiction in a State, such application not being to a court as defined would be outside Section 42. Also, an application made to a c
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