RAMESHWAR DAS AGRAWAL Vs. KIRAN AGRAWAL

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against the order dated 9/12/2005 passed by the Hon'ble Chief Justice of the High court of Judicature at Allahabad in Arbitration Application no. 54 of 2003 appointing Hon'ble Mr. Justice Giridhar malviya, a retired Judge of the Allahabad High Court as arbitrator in respect of the dispute between the parties.

(3.) MR. Manoj Swarup, learned counsel for the appellants placing reliance on a Seven-Judge Bench decision of this court in SBP and Co. vs. Patel Engineering Ltd. and another, (2005) 8 SCC 618, which was pronounced on 26. 10. 2005, submitted that the decision on the application under Section 11 of the Act is a judicial pronouncement, the impugned order of the Hon'ble Chief Justice which does not contain any reason cannot be sustained and the same deserves to be set aside. He also contended that the Hon'ble chief Justice, who passed the impugned order, has not taken care to verify whether notice had been duly served on all the respondents. He further contended that in any event, the high Court ought to have granted reasonable time to file their objections. On the other hand, Mr. Jay Savla and Mr. Gaurav Agrawal, learned counsel for the contesting respondents submitted that inasmuch as the appellants herein (respondents before the High Court) did not utilize the ample time provided by the High Court for filing their objection, the ultimate order of the Hon'ble Chief Justice cannot be faulted with. He also submitted that there is no violation of the law as declared by this Court.