IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.6301 OF 2009 Between : The Chairman and Managing Director .... PETITIONER A N D K.Satyanarayana and another …RESPONDENTS THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO.6301 OF 2009 O R D E R: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 14.07.2009, in I.A.No.185 of 2009 in O.S.No.333 of 1999 on the file of III Additional Senior Civil Judge (Fast Track Court) Visakhapatnam, whereunder and whereby, the application filed under Section 151 of the Code of Civil Procedure, 1908, to dispense with marking of the documents, chief examination and cross examination etc., was dismissed. 2. Learned counsel appearing for the petitioner contended that in view of Section 30 of the Arbitration and Conciliation Act, 1940 (for short, “ the Act”), the award, dated 25.03.1999, passed by sole arbitrator can be modified; and that no application under the Act is maintainable, in view of the fact that the said provision is repealed, therefore, he prays to set aside the same. 3. Though notice is served, none appears for first respondent. 4. The point raised by the petitioner is with regard to the jurisdiction of the Court in modifying the award passed under Section 30 of the Act, has to be decided as a preliminary issue. The petitioner is at liberty to file an application before the trial court to decide the jurisdiction aspect as a preliminary issue and thereafter file the application before the court below to modify the award. On such application being filed, the trial Court shall pass necessary orders in accordance with law, in view of the fact that the trial court has no jurisdiction to entertain petition to set aside the award under the old Act. Any observation or finding in this revision petition shall not be construed as a finding or observation. 5. Accordingly, the Civil Revision Petition is disposed of uninfluenced by any observation of this Court. There shall be no order as to costs. _______________ K.C.BHANU, J NOVEMBER 24, 2010. YVL