-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL REVISION APPLICATION NO. 100 OF 2004 Shri Vishnu Arjun Sapar & ors. : Appellants v/s Shri Bharat Arjunrao Sapar : Respondent Mr. S.S. Kanetkar i/b G.S. Godbole advocate for appellants Mr. Pankaj J. Das advocate for respondents Coram : S.P. Davare, J. Date : 13.2.2009 P.C. . Perused the application and heard both the respective counsel for the petitioner and respondents. By the present civil revision application original applicants challenged the legality of the impugned order passed below Ex. 10 in civil misc. application 397/03 by Civil Judge Sr. division Solapur on 23.4.2004. . The respondent herein i.e.(original plaintiff) filed the misc. application no. 397/03 before Civil Judge Sr. division under section 9 of the Arbitration and Concilation Act. The defendant no. 1 in the said Appln. i.e. applicant herein filed the application Ex. 10 before said court and raised the objection regarding the jurisdiction contending that the ’court’ means The Principal Civil Court of original -2- jurisdiction in the Distract is the District Court, as per rule 2(1)(e) of Arbitration and Concilation Act and therefore submitted that the said Civil Judge Sr. division High court jurisdiction to entertain the said application. Pursuant to the said application the learned Civil Judge Sr. division passed order on 23.4.2004 rejecting the objection of the original applicant herein. Being aggrieved by the said order dt. 23.4.2004 the applicant i.e. original defendants have preferred the present revision application. . In the said contest the learned advocate for the divisional applicant pointed out that the common judgment was passed by full bench of this court in arbitration appeals and revisions on 12.4.2007 and thereby reference was answered that the principal civil court of original jurisdiction in a district for the purpose of petition u/s 34 of the act 1996 is the district court and does not include any other court inferior to the district court. Hence in view of the said position it is apparently clear that there is illegality in the order passed by Civil Judge Sr. division on 23.9.2004 i.e. impugned order and hence present revision application succeeds and same is required to be allowed. -3- . Accordingly the impugned judgment and order dt. 23.4.2004 passed by Civil Judge Sr. Division in misc. application no. 397/03 being erroneous stands quashed and set aside under the revisional jurisdiction and present revision application is allowed. . Learned counsel for the respondent no.1 made a statement that he would withdraw the misc. application no. 397/03 before Civil Judge sr. division Solapur, and if such prayer is made the learned judge to consider the same in accordance with law and would seek liberty to file the fresh application before the proper forum and said statement is recorded. (S.P. Davare,J)