PARESH A KOTHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) These two petitions arise out of an order passed by the learned Civil Judge, (S.D.), Rajkot, on 27.9.2004, in Civil Misc. Application Nos. 142/1998 & 143/1998, preferred under Section 8 of the Arbitration Act, 1940 for appointment of sole arbitrator under Clauses 63 & 64 of the General Conditions of Contract. The Civil Court dismissed these applications and hence these petitions.

(2.) Learned advocate Mr.Malhotra for the petitioners submitted that the Civil Court has gone into the details of the case, which it could not have gone while examining the question, whether to appoint sole arbitrator or not.

(3.) Upon examining the order in question, the Civil Court has framed the following points for determination :-