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TMI Blog2017 (9) TMI 1267X X X X Extracts X X X X X X X X Extracts X X X X ..... . Learned Arbitrator passed an award on 16.10.2015 and a copy of the award was sent to this Court. Admittedly, the appellants have challenged the said award by filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, before the Civil Court. The respondents have filed an affidavit dated 16.06.2016 requesting this Court to pronounce the judgment in terms of the award. 2. Learned counsel for the respondents submits that since the Arbitrator was directed to file his award in this Court, the application for making the award a rule of the Court must be filed in this Court and that this Court alone has the jurisdiction to pronounce the judgment in terms of the award. In this connection, he has relied on a three-Judge Benc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... larified in the judgment itself that this was not a case of a new reference but a continuation of the earlier proceeding and thus the Act shall continue to apply. In McDermott International Inc . 4 , the three-Judge Bench decision of this Court clearly observed that since the arbitrator was directed to file his award in this Court, the objections as well as the entertainability of the application of the appellant for making the award a rule of the court must be filed in this Court alone and, therefore, this Court has the jurisdiction to entertain the application of the appellant and also the objections filed by the respondent." (Emphasis supplied) 5. In Bharat Coking Coal Limited (supra), this Court has held that the Court ordinarily must ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt definition, which speaks of either the Principal Civil Court or the High Court exercising original jurisdiction. Thirdly, if an application would have to be preferred to the Supreme Court directly, the appeal that is available so far as applications under Sections 9 and 34 are concerned, provided for under Section 37 of the Act, would not be available. Any further appeal to the Supreme Court under Article 136 would also not be available. ......" (Emphasis supplied) 6. We are of the view that there is a difference of opinion in relation to entertainability of an application by this Court for making the award as Rule of the Court. The matter is, therefore, referred to larger bench for decision of the following question : "Whether this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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