INDER MOHAN SINGH Vs. TRIPAT SINGH

JUDGEMENT

(1.) By this order, I shall dispose of the application being I.A. No.15622/2010 filed by the respondents under Section 151 CPC for clarification of order dated 11.09.2009 in the matter.

(2.) Before filing Arbitration Application No.390/2008 the petitioners originally filed an Arbitration Application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter called the "Act") bearing No.AA102 of 2008 for appointment of Arbitrator to decide the dispute between the parties and notice in the said application was issued. In the reply, an objection was taken by the respondents that the arbitration application was not maintainable, as the requisite notice was not issued by the petitioners. By order dated 29.08.2008 the said petition was disposed of. Thereafter, the petitioners filed the present petition in which the notice was issued. By order dated 11.09.2009, Shri Prem Kumar, Retired Additional District Judge was appointed as Arbitrator between the parties. The operative portion of the order reads as under:-

(3.) Before the Arbitrator, the respondents raised preliminary objections and also filed their Statement of Defence. In the preliminary objections, the plea was raised about the non-existence of the arbitration clause between the parties and it was stated that the appointment of the learned Arbitrator was nullity and void and the learned Arbitrator had no jurisdiction to entertain this petition.