KICHHA SUGAR COMPANY LTD Vs. TAXMACO LTD

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the judgment and order dated 6-7-1989 passed by Sri Virendra Singh, Civil Judge, Nainital dismissing the Civil Suit No. 116 of 1986 filed under Section 20 of the Ar bitration Act, 1940 (hereinafter will be referred to as the Act)

(2.) THE application was moved by the appellant under Section 20 of the Arbitration Act before the Civil Judge, Nainital to appoint the Arbitrator and along with the application the agree ment was also filed. THE agreement Clause between the parties reads as under: "agreement that Arbitrators be ap pointed by the third party. THE par ties to an Arbitration Agreement or ' Arbitrators to be appointed by a person designated in the agreement either by name, oras the holder for the time being of any o//ice or ap pointment. "

(3.) AFTER the refusal to act as Ar bitrator, the Director, National Sugar Institute, Kanpur filed a suit No. 116 of 1986 which has been rejected on the ground that the appellant ought to have moved an application under Sec tion 8 (1) (b) as references has already been made and dismissed the suit under Section 20 of the Arbitration Act.