Supreme Court: Deciding a short question as to what should be the approach of the Court, once an application is duly filed in terms of Section 8 of the Arbitration and Conciliation Act, 1996 before the civil court, the bench of MY Eqbal and Kurian Joseph, JJ held that the approach of the civil court should be not to see whether the court has jurisdiction but to see whether it’s jurisdiction has been ousted. The Court further held that once it is brought to the notice of the court that its jurisdiction has been taken away in terms of the procedure prescribed under a special statue, the civil court should first see whether there is ouster of jurisdiction in terms or compliance of the procedure under the special statute. Regarding the general law approach that a court should first see whether it has jurisdiction or not, the Court, referring to generalia specialibus non derogant rule, said that Such approaches would only delay the resolution of disputes and complicate the redressal of g...