IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5379 of 2009 (O&M) Date of decision:12.10.2010. M/s Neel Kanth Rice Mills ...Appellant Versus The Punjab State Co-opertive Supply and Marketing Federation Ltd. and others ...Respondents CORAM: HON’B LE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. S.S.Salar, Advocate, for the appellant. Mr. APS Mann, Advocate, for respondent Nos.1 and 2. ***** RAKESH KUMAR JAIN, J. (ORAL) Learned counsel for the appellant has candidly admitted that the question of jurisdiction of the Arbitrator that he cannot decide excepted matter was not raised before him nor it was raised before the Civil Court in the objection filed under Section 34 of the Arbitration and Conciliation Act, 1996 [for short “the Act”]. The said objection is taken for the first time in appeal filed under Section 37 of the Act before this Court, but the same cannot be allowed to be raised for the first time in appeal in terms of the judgment rendered by this Court in FAO No.2283 of 2008 titled as M/s Gupta Rice Mill (P) Ltd. Vs. The Punjab State Co-operative Supply and Marketing Federation Ltd. and another decided on 25.08.2010. In view thereof, I do not find any merit in the argument raised by learned counsel for the appellant challenging jurisdiction of the Arbitrator and as such the present appeal is hereby dismissed being without any merit. No costs. October 12, 2010 (RAKESH KUMAR JAIN) vinod* JUDGE