Section 34 challenge to a Section 16 jurisdiction ruling was held premature and dismissed.

A petition under Section 34 of the Arbitration and Conciliation Act was held not maintainable against an order disposing of a Section 16 application that upheld the arbitral tribunal's jurisdiction. The Court noted that the arbitrator had found the arbitration clause to survive execution of the sale deed and had treated the claims as within arbitral jurisdiction. Because the challenge was directed only at that interlocutory jurisdictional determination, the petition was dismissed, with liberty to raise such grievances after the arbitral award, if required.

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Issues: Whether a petition under Section 34 of the Arbitration and Conciliation Act, 1996 was maintainable against an order disposing of an application under Section 16 of the same Act and upholding the arbitral tribunal's jurisdiction.

Analysis: The order challenged before the Court was one passed on an application under Section 16, by which the arbitrator had held that the arbitration clause survived execution of the sale deed and that the claims raised were within arbitral jurisdiction. The Court held that a petition under Section 34 was not maintainable at that stage against such disposal of the Section 16 application. It observed that the petitioners could raise their grievances, if necessary, after the arbitral award was made.

Conclusion: The Section 34 petition was held not maintainable and was dismissed.

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