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Report No. 176

2.30.1 Section 42:

Filing of subsequent applications and jurisdiction of courts and sections 8, 8A and 11 - proposed Section 42 (1) to (4)

This is one of the most important provision of the Act. But it has been left vague so far as applications filed under section 8 before a judicial authority or regarding applications filed under section 11. We proposed to clarify the sections so as to avoid doubts. Section 42 requires that all subsequent applications in respect of any arbitration are to be filed in the same Court in which the first of such application was filed.

There was a similar provision under the old Act of 1940. That did not present much difficulty because the definition of 'Court' in sec. © of that Act was very wide. But, in the present Act of 1996, the definition of 'Court' is very much restricted. Courts subordinate to the Principal Civil Court in a district or to the Court of the Principal Judge, City Civil Court in a city are excluded in section 2(1)(e).

The word 'Court' does not also include courts of co-equal jurisdiction in the district or city concerned to which any matter might have been transferred from the Principal courts aforesaid. Further we have to provide for application before judicial authorities under Section 8 courts refer to in Section 8A and application under Section 11 clearly. To cover these categories, Section 42 is to be amended suitably.

The Arbitration and Conciliation (Amendment) Bill, 2001 Back

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