RAM PRAKASH DWIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner as well as learned standing counsel for the respondent.

(2.) PLAINTIFF applicant filed O. S. No. 4 of 1982 against defendants respondents. In the suit defendants respondents filed an application that as there was an arbitration clause in the agreement in between the parties hence suit should be stayed. Under the arbitration agreement Executive Engineer was to be sole arbitrator. In the suit temporary injunction was granted on 01. 03. 1982 staying the recovery against the plaintiff applicant. Plaintiff applicant filed an application in the suit that as Executive Engineer was by designation a party in the suit and as allegations had been made against some officers of the same department hence sole arbitrator should be changed. A. D. J. Karwi (District Banda) through order dated 19. 03. 1985 refused to change the arbitrator. Through the said order earlier interim injunction order granted on 01. 03. 1982 was also vacated. Thereafter on 01. 04. 1985 following order was passed:-

(3.) ABOVE two orders have been challenged through this revision.