NAGINA ENTERPRISE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application under Section 151 of the Code of Civil Procedure on behalf of the petitioner seeking direction that an independent Arbitrator be appointed in terms of order dated 10th January, 1986 of this Court. It is stated that a petition under Section 20 of the Arbitration Act was disposed of by this Court vide order dated 10th January, 1986- directing the respondent to appoint an Arbitrator within one month from that date ; that nearly three years have passed by but the respondent have not appointed any Arbitrator in terms of the order dated 10th January, 1986. In these premises, it is prayed that an independent Arbitrator be appointed.

(2.) THE notice of this application was given to the Union of India. THE counsel for Union of India sought 2-3 adjournments to seek instructions but it was not done. I have heard the learned Counsels for the parties. THE petition filed under Section 20 cf the Arbitration Act by the petitioner was disposed of by this Court vide order dated 10th January, 1986. THE operative portion of the order reads as under :