Writ Petition Cannot Be Construed As “Earlier Application” U/S 42 Of Arbitration & Conciliation Act: Delhi High Court

The Delhi High Court ruled that a writ petition cannot be considered as an earlier application under Section 42 of the Arbitration and Conciliation Act, 1996. Section 42 establishes the principle that once an application is made to a court in respect of an arbitration agreement, only that court shall have jurisdiction over subsequent applications relating to the same agreement. The court clarified that a writ petition, being a constitutional remedy, is distinct from an application under the Arbitration Act and does not trigger Section 42.