Calcutta High Court :: Appeal against the order of the Arbitration Court refusing to entertain a challenge to an arbitral award refused to entertain such challenge in the light of mandate of Section 42 of the A&C Act, 1996.
Held :: In view of the mandate in Section 42, once a petition under Part-I of the Act pertaining to an arbitration agreement is carried to a particular court and such court entertains it and there is no objection as to its jurisdiction, all subsequent petitions under Part–I of the Act of 1996 pertaining to the same arbitration agreement have to be carried only to such court.
Section 42 covers not only particular arbitral reference, but the arbitration agreement itself. Further, Sections 8 and 11 of the Act are beyond the purview of Section 42.
Dalim Kumar Chakraborty V. Gouri Biswas, APO No. 33 of 2018, order dated 16-02-2018