WESTERN COALFIELDS LIMITED Vs. R.M. BHARDWAJ

JUDGEMENT

(1.) THE Impugned order of the learned 2nd Joint Civil Judge, Sr. Dn., Nagpur, has been passed on an application moved by the applicant herein, which is the original defendant to Misc. Judicial Case No. 327 of 1994. The respondent instituted the aforesaid proceedings under Section 20 of the Indian Arbitration Act, 1940 on 15.12.1994 for a direction that the Arbitration Agreement, which was, according to the respondent, entered into between the parties be filed in the Court.

(2.) THE case of the respondent is that in pursuance of the tenders invited by the applicant for carrying out the maintenance of tree plantation in certain areas at Umrer Project, the respondent was awarded the contract by award letters dated 7.10.1978 and 23.11.1987. The period for completion of the contract was two years and three years respectively. A formal agreement between the parties was signed on 17.1.1989. According to the respondent, there were several breaches committed by the applicant despite which the respondent could complete the contract within the stipulated period. The respondent has certain claims against the applicant and accordingly filed an application before the learned Civil Judge. Sr. Dn., Nagpur, for a direction that the Arbitration Agreement be filed in the Court under Section 20 of the Arbitration Act of 1940 and for a direction for appointment of an Arbitrator.

(3.) BY the impugned order dated 26.6.1995 the learned Trial Judge has observed that the original agreement is not on record and unless and until it is produced, the Court cannot determine the point of limitation. The applicant was, therefore, directed to file a copy of the original agreement on record. The learned Counsel for the applicant has urged that the interim order which has been passed by the learned Trial Judge in these proceedings virtually concludes the application under Section 20 the Arbitration Act. It is urged that under Section 20 of the Court is required, upon the filing of an application, to issue a notice to the parties and the Court is to order that the agreement be filed only when sufficient cause is shown. According to the applicant, ex facie on the application, which has been filed by the respondent himself, it would be apparent that the claim is hopelessly barred by limitation.