IN THE HIGH COURT OF BOMBAY AT GOA APPEAL UNDER ARBITRATION ACT NO. 3 OF 2011 M/S BALAJI LOGISTICS CARRIERS THROUGH ITS PROPRIETOR MR. SURESH REVANKAR ... Appellant Versus M/S SHREE MALLIKARJUN SHIPPING PVT. LTD., ... Respondent Mr. Y. V. Nadkarni and Mr. N. Noronha, Advocates for the appellant. Mr. N. Sardessai and Mr. D. Shirodkar, Advocates for the respondent. Coram:- A. P. LAVANDE, J. Date:- 7th July, 2011 P.C. Heard Mr. Nadkarni, learned Counsel for the appellant and Mr. Sardessai, learned Counsel for the respondent. 2. By this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ('The Act' for short), the appellant takes exception to the order dated 10th March, 2011 passed by the Principal District Judge, South Goa, Margao in Arbitration Application No.20/2009 by which the application filed under Section 9 of The Act by the respondent has been allowed. 3. Mr. Nadkarni, learned Counsel for the appellant submitted that in the reply filed by the respondent /the appellant herein to the application under Section 9 of The Act filed by the respondent before the lower Court the objection to the Principal District Court, South Goa at Margao having jurisdiction to entertain the application under Section 9 of The Act, was specifically taken. However, the same was not argued. Mr. Nadkarni urged that since the issue of jurisdiction goes to the root of the matter, the appellant is entitled to urge this ground in support of the appeal. Mr. Nadkarni made submissions on behalf of the appellant contending that having regard to the contract entered into between the parties, the Principal District Court, South Goa at Margao has no jurisdiction to entertain the application under Section 9 of The Act. 4. Mr. Sardessai, learned Counsel for the respondent fairly submitted that though the appellant had not specifically raised this issue of jurisdiction in the course of the argument though taken in the reply, the respondent will have no objection if the matter is remanded to the lower Court for fresh decision including the decision on the point of jurisdiction of Principal District Court, South Goa at Margao to entertain the application under Section 9 of The Act. 5. Since the issue of jurisdiction goes to the root of the matter and would decide the maintainability of the application under Section 9 of The Act, in my considered opinion, it would be just and proper to remand the matter to the lower Court although specifically the point was not urged before the lower Court, more particularly having regard to the concession made by Mr. Sardessai, learned Counsel on behalf of the respondent. 6. In view of the above, the impugned order dated 10th March, 2011 is quashed and set aside. The Principal District Judge, South Goa at Margao to decide the application under Section 9 of The Act filed by the respondent on all the issues including the issue of jurisdiction. 7. The parties to appear before the Principal District Court on 16th July, 2011 at 2.30 p.m. Needless to mention that I have not expressed any opinion on the merits of the rival claims and all the contentions of the rival parties are kept open. The lower Court shall pass a fresh order without being influenced by the findings given in the impugned order on the basis of the material already placed before the Court. It is made clear that no further pleadings will be allowed. 8. Considering that the application was filed on 29th December, 2009 and the impugned order was passed on 10th March, 2011, the Principal District Court to decide the application expeditiously and in any case on or before 30th August, 2011. A. P. LAVANDE, J. SMA