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Notice under Section 34(5) of the Amended Arbitration Act

In Bihar Rajya Bhumi Vikas Bank Vs. State of Bihar, the following questions were raised before the Hon'ble Patna High Court :-

i) If the principal civil Court is a tribunal, whether a writ of certiorari can be issued and if so, under what circumstances?

ii) Whether the provisions of Section 34(5) are mandatory or directory?

iii) Whether, while exercising jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996, the principal civil Court acts as a Civil Court of ordinary jurisdiction or as a mere Court or as a tribunal?

And the Hon'ble court held that :-

a) Principal civil court, while exercising powers under Section 34 of the Arbitration and Conciliation Act, 1996, is not a Court of civil judicature; rather, it only a tribunal with the trappings of Court.

b) Arbitration and Conciliation Act, 1996 – Section 34 (5) – The notice, as prescribed by Section 34 of the 1996 Act, is mandatory before proceeding with the filing of an application under Section 34 of the 1996 Act.

c) Arbitration and Conciliation Act, 1996 – Section 34 (5) – Whether an order, entertaining an application by omitting to serve advance notice on the opposite party by the application, would be amenable to Article 227 or 226 of the Constitution of India?

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