INDERPAL SINGH HASSANWALIA Vs. BIR TIBETAN WOOLEN MILLS

JUDGEMENT

(1.) JUDGMENT

(2.) THIS is an application under Section 20 of the Arbitration Act. The material facts as stated in the application are these.

(3.) IT cannot be said that the matter directly and substantially in issue in the present application is directly and substantially in issue in the suit for permanent injunction or in the revision petition. In this application I am only concerned with the filing of the arbitration agreement and the reference of the dispules to the arbitrator. In the suit for injunction and in the revision petition different prayers have been made which touch the merits of the dispute. In this application under Section 20, the arbitrator will decide the merits of the dispute between the parties. In my judgment the application under Section 10 of the Code of Civil Procedure (I. A. 106/71) is wholly misconveived. I, therefore, repel the argument that the present application under Section 20 of the Arbitrattion Act and as a result dismiss I. A. 106/71.