CHIEF ENGINEER BAREILLY Vs. KISHORE BANDHU ENGINEER

JUDGEMENT

(1.) The present Writ Petition has been filed by the petitioners under Article 226 of the Constitution of India, inter-alia, praying for quashing the Order dated 1.4.2005 (Annexure 6 to the Writ Petition) whereby the Hon'ble The Chief Justice of this Court, in exercise of his power under Section 11 of the Arbitration and Conciliation Act, 1996, appointed a retired Judge of this Court, as an Arbitrator for adjudication of the disputes between the petitioners and the respondent No. 1 arising out of the Agreement dated 27.4.1992.

(2.) Counter Affidavit has been filed on behalf of the respondent No. 1.

(3.) We have heard Shri S.K. Mishra, Learned Counsel for the petitioners and Shri Aashish Srivastava, holding brief for Shri Vipin Sinha, Learned Counsel for the respondent No. 1, and perused the record. Shri Aashish Srivastava, holding brief for Shri Vipin Sinha, Learned Counsel for the respondent No. 1 has raised a preliminary objection that the present Writ Petition against the Order dated 1.4.2005 passed by the Hon'ble The Chief Justice, is not maintainable, and the appropriate remedy for the petitioners is to the approach the Supreme Court under Article 136 of the Constitution of India.