Section 9 interim relief in non-international arbitration lies before the district court despite commercial court designation.

For a non-international commercial arbitration, an application under Section 9 of the Arbitration and Conciliation Act, 1996 lies before the principal civil court of original jurisdiction in the district. The definition of "Court" in Section 2(e) of the Arbitration Act prevails, and the Commercial Courts Act, 2015 does not displace that forum where the Arbitration Act itself specifies jurisdiction. The Gujarat High Court therefore held that the District Court retained jurisdiction, set aside the order returning the Section 9 application, and restored the proceedings for decision on merits.

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Issues: Whether an application under Section 9 of the Arbitration and Conciliation Act, 1996 arising out of a commercial dispute had to be entertained by the Commercial Court or by the District Court as the principal civil court of original jurisdiction.

Analysis: The definition of "Court" in Section 2(e) of the Arbitration and Conciliation Act, 1996 confines jurisdiction to the principal civil court of original jurisdiction in the district and excludes a civil court of a grade inferior to that court. Section 12 of the Gujarat Civil Courts Act, 2005 identifies the Court of District Judge as that principal civil court. Although the Commercial Courts Act, 2015 provides for constitution and jurisdiction of Commercial Courts and contains an overriding provision, Section 11 bars only those courts whose jurisdiction is otherwise expressly or impliedly barred. The statutory scheme of Section 10 of the Commercial Courts Act, 2015 cannot displace the special definition of "Court" under the Arbitration and Conciliation Act, 1996. The commercial court notification therefore could not divest the District Court of jurisdiction over the Section 9 application.

Conclusion: The Section 9 application was maintainable before the District Court, and the order returning it for presentation before the Principal Senior Civil Judge was unsustainable.

Final Conclusion: The impugned jurisdictional order was set aside and the Section 9 proceedings were restored for decision on merits by the District Court.

Ratio Decidendi: For a non-international commercial arbitration, an application under Section 9 of the Arbitration and Conciliation Act, 1996 lies before the principal civil court of original jurisdiction in the district, and the Commercial Courts Act, 2015 does not oust that jurisdiction where the Arbitration Act itself specifies the forum.

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