Kaji Aftab Ahamed & Anr. vs Citibank N.A.

The Court :- This is an application under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an award dated January 4, 2018 passed

by the sole arbitrator which was received by the petitioner on January 18, 2018.

However, an objection has been raised on behalf of the respondent with regard to the jurisdiction of this Court to entertain this application on the

ground that an application under Section 9 of the Act of 1996 filed by the present respondent much prior to the filing of the instant application, is

already pending before the learned Judge, 3rd Bench, City Civil Court at Calcutta.

Thus, according to the respondent, in view of Section 42 of the Act of 1996, the petitioner should approach the learned Judge, 3rd Bench, City Civil

Court at Calcutta for filing this application. In this regard, the learned Advocate appearing for the respondent also produced a copy of an order

dated October 31, 2017 passed by the learned Judge, 3rd Bench, City Civil Court at Calcutta in the said Misc. Case No. 2370 of 2017 which is kept on

record. Considering the facts of the case, I find that in view of the pendency of the said Misc.

Case No. 2370 of 2017 before the learned Judge, 3rd Bench, City Civil Court at Calcutta, Section 42 of the Act of 1996 applies to this case and this

Court does not have the jurisdiction to entertain the present application. Accordingly, this application stands dismissed.

It is, however, clarified that the petitioner shall be entitled to file a fresh application under Section 34 of the Act of 1996, before the learned Judge, 3rd

Bench, City Civil Court at Calcutta to challenge the award dated January 4, 2018 passed by the sole arbitrator and the period during which this

application was pending before this Court shall be excluded for the purpose of the provisions contained in the Proviso to sub-Section (3) of Section 34

of the Act of 1996. There shall, however, be no order as to costs.