CHIEF ENGINEER UPPER GANGA IRRIGATION MODERNISATION PROJECT (WORLD BANK) ALIGARH AND OTHERS Vs. M/S. ALLIED CONSTRUCTION

JUDGEMENT

(1.) This is an appeal under Sec. 39 of the Arbitration Act (hereinafter referred to as the Act) against the order of the trial court appointing arbitrator in an application under Sec. 20 of the Act.

(2.) Undisputedly, parties entered into an agreement. Clause 52 of the agreement contain a written clause for arbitration. Said clause provided that in case of dispute contractor shall request the Chief Engineer to appoint an arbitrator and shall refer the matter for adjudication on receipt of the notice Chief Engineer within thirty days was required to send the names of three persons one of whom be proposes to act as arbitrator. On receipt of the names, contractor may select one of the name. If he does not select any of the persons proposed within fifteen days of the receipt of the names, he has to send a panel of three names, from whom he proposes to act as arbitrator. If Chief Engineer accepts one of the, name amongst the panel list, reference has to be made to him. If Chief Engineer does not accept the name, agreement is silent on this point. Obviously, the Court will have to be approached either under Sec. 8 or under Sec. 20 of the Act.

(3.) In the present case, though appellants stated that respondent was communicated the names of three persons, neither in the trial court not in this court, the date of communication has been furnished. It is not specifically stated that the copy of the letter which was produced has been received by the contractor. In such circumstances, finding of the trial court that Chief Engineer did not comply with this part of obligation, is correct and we are not inclined to interfere with the name.