1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. ARBITRATION APPEAL NO. 5/2009. ( M/s. Western Coalfields Limited .versus.. Mahabeer Construction Co. and another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : OCTOBER 09, 2009. Heard Shri R. Darda, learned Counsel for appellant and Shri M.P. Khajanchi, learned Counsel for respondent no.1. The learned counsel for appellant argues that as Arbitrator was appointed by the Officer sitting at Nagpur and Arbitration proceedings were also conducted at Nagpur and award was also delivered at Nagpur, the Court of Principal District Judge, Nagpur was rightly approached under Section 34. The learned counsel for respondent no.1 is relying upon the impugned order and case laws discussed therein in support of his contention. We find that the Principal District Judge has considered the controversy at length and for valid reasons directed return of application under section 34 to the present appellant. The learned Counsel for appellants states that the appellants may be given some time to present the 2 proceedings before the Principal District Judge at Yavatmal. He seeks time till 30.10.2009 for that purpose. The learned counsel for respondent has no objection. Accordingly, we permit the appellant to present the application under Section 34 to the District Judge at Yavatmal by 30.10.2009. In view of this, the present appeal is disposed of. No costs. JUDGE JUDGE Rgd.