1 IN THE HIGH COURT OF BOMBAY AT GOA APPEAL UNDER ARBITRATION ACT NO. 6 OF 2006 1. Mrs. Manju Avinash Wardekar, age 63 years, Occupation Business, 2. Shri Avinash Shridhar Wardekar, age 73 years, Occupation Business, 3. Shri Soumitra Avinash Wardekar, age 39 years, Occupation Business, All residing at 'Soumitra' 105/25, Etandavana, Pune 411 004, represented by their duly constituted power of attorney holder Shri Mukund Pandurang Pai, aged 53 years, residing at Gaonekar Building, Shanti Nagar, Ponda Goa. ..... Appellants V e r s u s Shri Sadanand Vaman Sadekar, age 56 years, Occupation Business Residing at Sardessai Building, Shanti Nagar, Ponda Goa. ..... Respondent Mr. V.P. Thali, Advocate for the Appellants. Mr. J. A. Lobo, Advocate for the Respondent. Coram :- A. H. JOSHI, J. Date :- 20 th JULY, 2009. 2 JUDGMENT : 1. The arbitral award was passed on 29.7.2002. 2. The application under Section 34 was filed in the Court of Civil Judge Senior Division was registered as Civil Misc. Application No. 6/2005/A. The impugned order is passed by Civil Judge Senior Division, Ponda, by which the application has been dismissed giving reasons and on merits. 3. The impugned order is challenged on the ground the Court of Civil Judge Senior Division is not the Court of original civil jurisdiction and the application ought to have been presented before the District Court. 4. The issue subject matter that District Court is the Court of original civil jurisdiction is no more res integra, as is ruled in Full Bench judgment of this Court in 2007(3) Bom. C. R. 393 between Fountain Head Developers and others V/s Maria Arcangela Sequeira. Both the learned Advocates do not dispute this position. 5. Thus the act of entertaining the application and even dismissing it on merit done by the Court of Civil Judge Senior Division, Ponda, is without jurisdiction. The impugned order is liable to be set aside. 3 6. The application registered as Civil Misc. Application No. 6/05/A by the Civil Judge Senior Division at Ponda, be transmitted to the Court of District Judge, North Goa, which shall be registered and decided by the said Court according to law. 7. The parties agree and are accordingly directed to appear before the District Court on 10th August, 2009. The Court to which the petition would be referred/allotted, shall hear and decide, if parties co-operate, within 45 days of appearance. 8. Costs shall be the cost in the cause. A. H. JOSHI, J. at*