Judgment : Rule. Rule made returnable forthwith. Heard with consent of the learned counsel for the parties. 2] The issue involved in this case is a short one and is covered by the Full Bench Judgment rendered by this court in the case of Punit Malhotra & another ..vs.. R.S. Gai Sole Arbitrrator & others, reported in 2008 (6) Mh.L.J. 867. In this case the petitioner had challenged the award passed by the Arbitrator by filing proceedings before the District Judge at Nagpur under section 34 of the Arbitration and Conciliation Act 1996. The learned District Judge, by following the judgment reported in 2007 3 Mh.L.J. Page 514, directed the petitioner to pay the court fee as provided under article 3 of schedule I of the Bombay Court Fees Act 1959. The learned District Judge directed the petitioner to pay court fee of Rs.1,74,030/-. The petitioner has challenged the order dated 10.8.2007 by filing this petition. 3] Since the judgment reported in 2007 (3) Mh.L.J. 514 Maharashtra Industries Development Corporation ..vs.. Govardhan Construction Company, has been overruled by the Full Bench of this court by the judgment reported in 2008 (6) Mh.L.J. Page 867, Punit Malhotra & another ..vs.. R.S. Gai Sole Arbitrrator & others it would be necessary to quash and set aside the order passed by the learned District Judge on 10.8.2007 as the same is based on the judgment reported in 2007(3) Mh.L.J. 514 Maharashtra Industries Development Corporation ..vs.. Govardhan Construction Company. It has been held by the Full Bench of this court in the case of Punit Malhotra that when a petition under section 34 challenging an award of the Arbitrator is filed before the Principal Civil Court of Original Jurisdiction which is not a High Court, no court fee under Bombay Courts Fees Act is payable. In the instant case, the application under section 34 was filed before the District Judge, Nagpur. The case is squarely covered by the law laid down by the Full Bench of this court in the case of Punit Malhotra and another. Hence for the reasons stated herein above, the impugned order dated 10.8.2007 is hereby quashed and set aside. Rule is made absolute in the aforesaid terms. No order as to costs.