THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE NOUSHAD ALI C.M.A.No.523 of 2010 JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) This appeal is directed against the docket order, dated 28-04-2010, passed in O.P.(Sr.).No.287 of 2010, by the I Additional Chief Judge, City Civil Court, Secunderabad, wherein the case bundle of the appellant was returned on the ground that the appellant has failed to explain as to how the said Court has got jurisdiction to entertain its claim. The appellant filed the said O.P.(Sr.). under Section 34 of the Arbitration and Conciliation Act, 1996 (for short “the Act”), to set aside the Award, dated 15-10-2009, by allowing its claim to an extent of Rs.7,03,682/- along with interest @ 18% per annum or alternatively to appoint an independent arbitrator. Learned counsel appearing for the appellant submits that the appellant is entitled to file a petition under Section 34 of the Act for setting aside the arbitration award and therefore, he is entitled to seek appointment of an independent arbitrator. We are of the opinion that under Section 34 of the Act, the power of the Court is to adjudicate upon the award under various provisions contemplated therein only. But, we do not see any power that has been conferred under the said Court for appointment of an independent arbitrator. Insofar as pecuniary jurisdiction is concerned, it is open to the appellant to re-represent the case in view of the existing Rules, so as to enable the Court below to consider the case of the appellant for entertaining the case with regard to the reliefs prayed for in (a) (b) (d) and (e) are concerned other than the prayer relating to appointment of an independent arbitrator. Accordingly, the appeal is disposed of permitting the appellant to re- represent the case before the court below by deleting the prayer (c) i.e., appointment of an independent arbitrator. There shall be no order as to costs. Office is directed to return the original docket order, dated 28- 04-2010, to the learned counsel appearing for the appellant. ________________ V.ESWARAIAH, J _______________ NOUSHAD ALI, J Date: 12-07-2010 Prv