CHANDRA PRATAP SINGH CHAUHAN Vs. RAKESH KUMAR AGARWAL

JUDGEMENT

(1.) THIS Special appeal, preferred under Rule 5 of Chapter VIII of Rules of Court, 1952 (applicable to Uttarakhand High Court) is directed against the judgment and order dated 8th of July 2008 passed by Hon'ble the Chief Justice of this Court in Arbitration Petition No. 25 of 2006 along with De­lay Condonation Application No. 6401 of 2008.

(2.) BRIEF facts of the case are that a petition before Hon'ble the Chief Justice was moved by the petitioner/appellant under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appoint­ment of an arbitrator. After hearing the parties, the said petition was dismissed, vide impugned order dated 8-7-2008, by Hon'ble the Chief Justice on the ground that the petitioner (appellant) had sur­rendered to the jurisdiction of the Civil Court by filing a suit.

(3.) LEARNED counsel for the appel­lant argued that the impugned order is a composite order as the petitioner (present appellant) had moved also a petition under Section 9 of Arbitration and Conciliation Act, 1996, as such the appeal is maintainable. We are of the view that the petition under Section 9 of the said Act is maintainable only be­fore the Civil Court not before Hon'ble the Chief Justice. As such merely for the reason that an application was moved under Section 9 of the Act along with the petition under Section 11 (6) of the Act, in our opinion, it does not make the difference.