RFA 46/2010 BEFORE HON’BLE THE CHIEF JUSTICE MR. MADAN B. LOKUR HON’BLE MR. JUSTICE H. N. SARMA This Regular First Appeal has been preferred against the Judgment and Decree dat ed 18.5.2010 passed by the learned Civil Judge No.1, Kamrup, Guwahati in Money S uit No.8 of 2007. We need not go into the history of the case except to note that the appellant ha d filed a civil suit for recovery of an amount of Rs. 10.11 Crores (Approx.) aga inst the defendant. It appears that arbitral proceedings are still going on between the parties, and the respondent has not been appearing in the matter. Under the circumstances, the learned Civil Judge took the view, on the basis of the plaint filed by the appellant that since arbitral proceedings were pending b efore the Joint Arbitrators, a suit for recovery of money is not maintainable. The learned Judge, in our opinion, is quite right in holding that a suit for rec overy of money is not maintainable when arbitral proceedings are pending between the parties in respect of the same subject matter. Therefore, we do not find any error in the impugned judgment and decree. The appeal is accordingly dismissed.