1 . rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION ARBITRATION APPEAL NO. 4 OF 2005 ARBITRATION APPEAL NO. 4 OF 2005 ARBITRATION APPEAL NO. 4 OF 2005 The Municipal Corporation of the City of Thane .. Appellant Vs. M/s K.N.E.Electrical Works & anr.. Respondents Mr.Mandar Limaye for Appellant Mr.V.Y.Bodke i.b M/s Chitnis Vaithy & Co for Respondents CORAM : DR.D.Y.CHANDRACHUD, J CORAM : DR.D.Y.CHANDRACHUD, J CORAM : DR.D.Y.CHANDRACHUD, J DATED : 9TH JANUARY, 2009 DATED : 9TH JANUARY, 2009 DATED : 9TH JANUARY, 2009 P.C. P.C. P.C. 1. By a judgment dated 6th July, 2004 the Joint Civil Judge, Senior Division, Thane set aside an arbitral award dated 19th May 2000 in exercise of jurisdiction under section 34 of the Arbitration and Conciliation Act, 1996 and remitted the proceedings back to the Municipal Commissioner of the appellant, who was the Sole Arbitrator. 2. On behalf of the appellant, it has been submitted that the Joint Civil Judge, Senior Division, Thane before whom an application under section 34 of the Arbitration and Conciliation Act, 1996 was filed had no jurisdiction in view of the judgment of the Full Bench of this Court in FOUNTAIN HEAD DEVELOPERS VS MARIA ARCANGELA FOUNTAIN HEAD DEVELOPERS VS MARIA ARCANGELA FOUNTAIN HEAD DEVELOPERS VS MARIA ARCANGELA 2 SEQUEIRA reported in 2007 (3) Maharashtra Law SEQUEIRA reported in 2007 (3) Maharashtra Law SEQUEIRA reported in 2007 (3) Maharashtra Law Journal 744. Journal 744. Journal 744. The Full Bench has held that under section 2 (e) of the Act the expression " Court " having been defined as the principal Civil Court of original jurisdiction in the district, it is the District Court and not a Civil Court of a grade inferior to such principal Civil Court which would have jurisdiction. In view of the Judgment of the Full Bench, the Joint Civil Judge, Senior Division at Thane had no jurisdiction to entertain the application for setting aside the award. The appeal shall accordingly have to be allowed. The judgment of the Joint Civil Judge, Senior Division, Thane in Misc.Application No.422 of 2000 is accordingly set aside. However, it is clarified that since the appeal has been allowed only on the question of jurisdiction, it will be open to the respondents to pursue such remedies as are available in law for challenging the arbitral award. { Dr.D.Y.Chandrachud, J } { Dr.D.Y.Chandrachud, J } { Dr.D.Y.Chandrachud, J } 3 .P