JEEWAN ENTERPRISES, THROUGH ITS PROPRIETOR RAM JEEWAN Vs. DIRECTOR, UTTARANCHAL MANDI PARISHAD,; U P RAJYA KRISHI UTPADAN MANDI PARISHAD THROUGH ITS DIRECTOR AND DEPUTY DIRECTOR (CONSTRUCTION), U P RAJYA KRISHI UTPADAN MANDI PARISHAD

JUDGEMENT

(1.) Heard Sh. U.K. Uniyal, Senior Advocate assisted by Sh. Paresh Tripathi, Advocate for the revisionist and Sh. J.C. Belwal, Advocate for the respondents.

(2.) By the present revision under Section 115 of the Code of Civil Procedure, the applicant has prayed for setting aside the order dated 20.05.2006, by which the District Judge, Haridwar has passed the order observing that the jurisdiction for the execution of the award lies at Haridwar.

(3.) Briefly stated, during the dispute between the revisionist M/s Jeewan Enterprises and Director, Uttaranchal Mandi Parishad, an application was filed before the Hon'ble High Court of Judicature at Allahabad under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator being Petition No. 97 of 1999. The petition was disposed of on 09.08.2002 by appointing Hon'ble Mr. Justice R.R. Yadav (Retd.) as sole Arbitrator. Thereafter, an application was filed for replacement of another arbitrator. The said application was rejected on 02.05.2003 with the following observations: