1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2134 OF 2008. M/s Prabhau Construction Private Ltd. Vs. Union of India & Ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Shri P. A. Abhyankar Adv. for petitioner. CORAM: J. H. BHATIA, J. DATED: 3 MARCH, 2009. Heard learned counsel for the parties. Petitioner had filed a petition before the District Judge Nagpur, being Principal Civil Court, under Section 34 of the Arbitration & Conciliation Act 1966 challenging the award passed by the Arbitrator. District Judge passed the impugned order dated 13.07.2007 that in view of the decision given by the Bombay High Court in M. I. D. C. Vs. Govardhani Company 2007(3) Maharashtra Law 2 Journal 514, the petitioner should pay court fee as provided under Article 3 of Schedule I of the Bombay Court Fees Act. As the petitioner could not pay the Court fee that application being Misc. Civil Application No. 398 of 2006 came to be dismissed on 06.10.2007. That order is challenged in the present writ petition. 2. Learned counsel for both the parties concede that the judgment in M. I. D. C. Vs. Gowardhani Company has been overruled by the Full Bench in Puneet Malhotra and another Vs. R. S. Gai Sole Arbitrator and others 2008(6) Maharashtra Law Journal 867 and it was held that no Court fee under Bombay Court Fees Act would be payable when a petition under Section 34 challenging the award is filed before any Principal Civil Court of original jurisdiction, which is not High Court. In view of the legal position settled by 3 the Full Bench, this petition deserves to be allowed. 3. Petition is allowed. Impugned order dated 13.07.2007 as well as order dated 06.10.2007 stand hereby set aside. Misc. Civil Application No. 398 of 2006 is hereby restored to file of the District Judge Nagpur. JUDGE svk