12. The Arbitration and Conciliation Act, 1996 is a special code by itself which is a self contained code. It is settled law that special law will prevail over the general law when the special law provides for a remedy. The Arbitration and Conciliation Act provides for a remedy under Section 34 to challenge the Arbitral Award and therefore, without approaching the competent Court under Section 34, the petitioner has filed an application under Order 23 Rule 1(3) CPC seeking permission of the Court to withdraw Arbitration OP No.141 of 2010 filed under Section 9 of the Arbitration and Conciliation Act with liberty to file a fresh petition under Section 34 of the Arbitration and Conciliation Act to challenge the Arbitral Award. Order 23 Rule 1(3) CPC is not applicable to applications under the Arbitration and Conciliation Act as the said provision applies only to suits. If a party has not received proper notice of the appointment of the arbitrator or the Arbitral Award was obtained fraudulently, the only http://www.judis.nic.in recourse available to the aggrieved party is to file an application under Section 34 of the Arbitration and Conciliation Act. Since the Arbitration and Conciliation Act is a special law, this Court is of the considered view that Order 23 Rule 1 CPC will not apply for an application under Section 9 of the Arbitration and Conciliation Act”
