MEDI SURGICHEM PVT LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present revision application is directed against the order dated 31/7/2001 passed by the learned 4th Joint Civil Judge (S.D.), Rajkot whereby the learned Trial Court has rejected the application preferred by present applicant-petitioner under Section-8 read with Section-20 of the Indian Arbitration Act, 1940 seeking appointment of arbitrator, under terms of clause-25 of the contract, so as to arbitrate the disputes and differences between the parties which arose out of and during the execution of the contract between present applicant-petitioner and the respondents.

(2.) In view of the disputes between the parties, the parties to the contract no. CMSO/INST/P25/RC/Adhesive Tape/87-88 No.6244-6543 dated 29/1/1988, the applicant-petitioner has prayed for appointment of arbitrator. The learned Court has rejected the said application on the ground that before filing application in the Court, the applicant-petitioner had not made request for appointment of arbitrator to the competent authority.

(3.) So as to appreciate the dispute raised by the applicant-petitioner in present revision application it is necessary to take into account certain relevant facts.