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"Where in any reference any application under this Act has been made in a Court competent to entertain it....."

18. For the respondent, it is submitted that the meaning of the words "in any reference" is a reference to arbitrators. The definition of the word, "reference" is a ''reference to arbitration" and not a "reference to arbitrators". Reliance is placed by the respondent on a judgment of the Sind Judicial Commissioner in --'Ramchand Gurdasmal v. Gobindram', 56 Ind Cas 150 (Sind), where the distinction between a 'submission' and a 'reference' has been explained. It was held that 'submission' means an agreement to refer disputes and a 'reference' is made by a particular arbitrator being appointed under the agreement to refer and it is .also true that the definitions of the words 'submission' in the Act of 1899 and 'arbitration agreement' in Section 2(a) of the Act of 1940 are the same. But the words used in Section 2(e) are "reference to arbitration" and arbitration is a function and an arbitrator is a functionary and, therefore, this case cannot be of much assistance in the present case. Section 2(c) of the Act of 1940 defines "Court" as a Civil Court having jurisdiction over the subject-matter of the reference if the same had been subject-matter of a suit. Therefore, the Ambala Court, according to this definition, would be the Court of competent jurisdiction and if this is so and the application under Section 34 is an application under the Act, I do not see how the jurisdiction then can be given to any other Court by the unilateral act of another party.