PATANJAL Vs. RAWALPINDI THEATRESPVT LIMITED

JUDGEMENT

(1.) -

(2.) THIS revision under section 115 of the Code of Civil Procedure against the order of the learned Commercial Subordinate Judge 1st Class, Delhi, dated 13-3-1968 has been placed before this Bench because of the importance of the question raised.

(3.) FOR all the foregoing reasons, we allow this revision and delete the direction from the lower Court's order that the arbitrator should implead Shri W. N. Chowdhary as a party to the arbitration proceedings. It would of course be open to the arbitrator to adjudicate upon the rights of the parties to the arbitration agreement and it would certainly be open to him to decide whether or not the amount of Rs. 9,500.00 had been paid to Shri W. N. Chowdhary as agreed to by Shri Om Prakash Mehra and if the amount has not been so paid, what is its effect on the rights and liabilities of the parties to the agreement and to give the necessary relief to them in accordance with law. There would be no order as to costs. <DJG>S.K.Kapur, J.</DJG>-