SWADESH KUMAR AGARWAL Vs. DINESH KUMAR AGARWAL

JUDGEMENT

(1.) In this petition, the petitioner has prayed to review an order dated 7.9.2017 passed in A.C.No.29/2015. This court by said order directed to appoint an arbitrator to resolve the dispute between the parties.

(2.) Shri A.K. Jain, learned counsel for the petitioner submits that certain crucial documents were not placed before the court in A.C.No.29/2015. He placed reliance on an order sheet dated 28.8.2009 wherein the counsel for the arbitrator appeared before the court below and gave an undertaking that during the pendency of the case, the arbitrator will not proceed further. He also relied on an order dated 12.1.2008 wherein the court below opined that even if the original record of arbitrator is summoned, it will not cause any adverse situation for the other side.

(3.) Shri Jain, learned counsel for the petitioner submits that other side filed an application under Section 14 of the Arbitration and Conciliation Act, 1996 (in short, 'the Arbitration Act) assailing the appointment of the arbitrator. The said arbitrator, in the fitness of things, gave an undertaking that till decision is taken on validity of his appointment, he will not proceed further.