[Civil Appeal No. 6691 of 2005]. [Civil Appeal No. 4808 of 2013]. This matter has come before a three Judge Bench by an order of reference of a Division Bench of this Hon'ble Court dated 7th April, 2010. The referral order reads thus: "In this appeal, the question that arises for decision is which Court will have the jurisdiction to entertain and decide an application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter for short 'the Act'). Mr. Bikas Ranjan Bhattacharya, learned senior counsel appearing for the appellants cited the judgments in the case of National Aluminium Co. Ltd. Vs. Pressteel & Fabrications (P) Ltd. And Anr. (2004) 1 SCC 540, Bharat Coking Coal Ltd. Vs. Annapurna Construction (2008) 6 SCC 732, Bharat Coking Coal Ltd. Vs. H.P. Biswas and Company (2008) 6 SCC 740 and Garhwal Mandal Vikas Nigam Ltd. Vs. Krishna Travel Agency (2008) 6 SCC 741 in support of his submission that it is only the Principal Civil Court, as defined in Section 2(e) of the Act, which can entertain and decide an application under Section 34 of the Act for setting aside the Award.
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