UNION OF INDIA Vs. THALY CONSTRUCTIONS

JUDGEMENT

(1.) THIS appeal purported to be under section 39 of the Arbitration Act, 1940, challenges the order of the trial Court dated 8th September, 1989, whereby that Court directed appointment of an arbitrator in consultation with the parties for which purpose a further date was fixed calling upon the parties to submit their respective panels of arbitrators.

(2.) AT the outset it is necessary to notice that a further order was made on 14th February, 1990, by which the trial Court appointed Mr. M. R. Ujjenkpo, a retired Chief Engineer of the State of Karnataka, to decide upon the disputes raised by the respondents. The latter order of 14th February, 1990, has not been challenged in any proceedings. It may be indeed urged that this may be a mere technicality and it may not be necessary to challenge the same for, if the impugned order dated 8th September, 1989, is quashed, automatically the subsequent order of 14th February, 1990 would become infructuous. I, however, propose not to go into this question and embark upon to decide the appeal instituted by the appellants.

(3.) THREE contentions have been raised by the learned Additional Government Advocate in seriatim as under :-