YASHPAL KOHLI Vs. STATE OF U P

JUDGEMENT

(1.) AN application under section 20 of the Arbitration Act having been dismissed by the trial court the plaintiff applicant has come up in appeal.

(2.) THE grievance of the appellants against the decision is two fold. Firstly, it is contended that the proceeding under section 20 is in the nature of a suit and the court should have recorded evidence by examining witnesses in open' court and not on affidavits. THE second contention is that there being admittedly a dispute between the parties the matter should have been referred for decision through arbitration as there was an agreement between the parties to refer the dispute to arbitration but the trial court has erroneously decided the dispute itself without referring the matter to arbitration.

(3.) SINCE there was a dispute regarding payment of the amount to the appellant in respect of the work done by him an application under Sec. 20, Arbitration Act for referring the dispute to arbitration was made after serving requisite notice under section 80 CPC.