GHYAL BROTHERS Vs. INDORE VIKAS PRADHIKARAN

JUDGEMENT

(1.) APPLICANT has directed this revision against the order dated 31.10.98 passed by Xth Civil Judge Class I, Indore, in Civil Suit No. 26A/96 thereby deciding Issue No. 12 against the applicant holding that the petition filed on behalf of the applicant u/s 11 of Indian Arbitration Act 1940 (for short 'the Act of 1940 ) is not maintainable.

(2.) BRIEFLY stated, the facts of the case are that the applicant is a registered partnership firm taking contracts of construction of buildings and roads. It is stated that the applicant entered into a contract with the non -applicant Indore Development Authority for construction of the roads in Scheme No. 74 of Sector A, Indore. In the terms of the contract, there is an arbitration clause under which any dispute arising between the parties with regard to the alleged contract shall be referred to non -applicant No. 2 and he shall resolve the said dispute acting as sole Arbitratror. It is also stated that some dispute with regard to the payment of Rs. 4,20,024/ - by way of damages to the applicant arose between the parties and on 9.6.1990 the Executive Engineer of non -applicant No.1 was orally and thereafter in writing requested to refer the dispute to the Arbitrator under the terms of the agreement. On 26.3.1991 the matter was referred to non -applicant No. 2 for passing an arbitration award with regard to the dispute raised by the applicant. After the reference to non -applicant No. 2, he did not take any steps till 1.12.1995 for resolving the dispute raised by the applicant and unnecessarily delayed the arbitration award. In the aforesaid circumstances, the applicant on 29.8.1996 filed an application before the trial Court u/s 11 of the Act of 1940 for removal of non -applicant No. 2 as Arbitrator and appointment of some competent Advocate as Arbitrator to resolve the dispute raised by the applicant.

(3.) I have heard the learned counsel for parties and carefully perused the impugned order as also the record of the trial Court.