1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4614 OF 2009 Central Warehousing Corporation ..Petitioner V/s. M/s.Fortpoint Automotive Pvt. Ltd. ..Respondent Mr.S.I.Shah i/b.S.I.Shah & Co., Advocate, for the Petitioner Mr.Umesh Shetty i/b.Umesh Shetty & Co., Advocate, for the Respondent CORAM : A.S.OKA, J. DATE : 22ND APRIL, 2010 P.C. . Mentioned. 2. Not on board. 3. Taken on board. 4. Heard the learned Counsel appearing for the Petitioners and the learned Counsel appearing for the 2 Respondents. 5. The Order impugned in this Writ Petition is dated 25th February, 2009 by which the learned Judge of the Court of Small Causes held that the said Court had jurisdiction to entertain the suit filed by the Respondents under Section 41 of the Presidency Small Causes Courts Act, 1882. 6. The contention of the bar of jurisdiction raised by the Petitioners was on the basis of the provisions of Section 5 of the Arbitration and Conciliation Act, 1996. It was contended that in view of the said provision and the arbitration clause in the Agreement, jurisdiction of the Court of Small Causes is ousted. The learned Single Judge referred the question to a larger bench. A Full Bench of this Court by Judgment and Order dated 16th December, 2009 has answered the question by holding that the jurisdiction of the Court of Small Causes to entertain and decide the suit under Section 41 of the said Act, 1982 is not ousted. 7. Therefore, the challenge to the impugned Order 3 insofar as it deals with issue of jurisdiction does not survive. As far as the interim Order is concerned, a statutory remedy is available to the Petitioners. 8. Therefore, the finding of the Court of Small Causes on the issue of jurisdiction is confirmed. The Writ Petition is rejected by keeping open the remedy of the Petitioner of challenging the interim Order. (A.S.OKA, J.)